[Download] "North Carolina v. Lamb" by Court of Appeals of North Carolina " Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Lamb
- Author : Court of Appeals of North Carolina
- Release Date : January 18, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The sole issue before us is whether the trial judge erred in dismissing plaintiffs complaint pursuant to G.S. 1A-1, Rule 12(b)(6). A complaint should not be dismissed for failure to state a claim, unless it appears beyond doubt that plaintiff can prove no set of facts which would entitle him to relief. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). A complaint must be dismissed when on its face it appears that no law supports it, that some essential fact is missing, or that some disclosed fact defeats it. Mumford v. Hutton & Bourbonnais Co., 47 N.C. App. 440, 267 S.E.2d 511 (1980). The question before us is whether plaintiffs complaint is sufficient on its face to withstand defendants motion. We hold that it is not.