Supreme Court of North Carolina March 7, 1923 (Cherry v. Atlantic Coast Line Railroad)

Adams, J.

Generally speaking, a demurrer may not be entertained after the answer is filed unless by leave of court the answer is withdrawn, because a defendant is not permitted to answer and demur to one cause of action at the same time.

Finch v. Baskerville,

85 N. C., 205;

Moseley v. Johnson,

144 N. C., 257;

Rosenbacker v. Martin,

170 N. C., 236.