193 S.E. 387 | N.C. | 1937
Civil action instituted in the General County Court of Buncombe County to recover for services rendered as counsel in litigation resulting in benefit to the defendant.
The gravemen of the complaint is that in December, 1934, plaintiff was employed by a number of citizens and taxpayers to intervene in the case of "W. C. Moreland v. City of Asheville," then pending in the Superior Court of Buncombe County, for the purpose of appealing from a judgment rendered therein adverse to the defendant, the city having abandoned its appeal, which intervention was allowed and resulted in great benefit to the defendant, the judgment having been reversed,
A demurrer was interposed by the defendant on the ground that the complaint does not state facts sufficient to constitute a cause of action. The demurrer was overruled in the General County Court and this ruling was affirmed on appeal to the Superior Court. Defendant appeals, assigning error.
It is not alleged in the complaint that plaintiff was one of the interveners in the case of Moreland v. Wamboldt," reported in
The complaint is bad as against a demurrer.
Reversed. *382