## Facts

- Hilda Calahan Gillispie sued Goodyear Service Stores, The Goodyear Tire & Rubber Company, and four individual defendants.
- She alleged that on May 5–6, 1959, defendants maliciously entered and trespassed on her residential premises.
- She alleged defendants used threatening language and physical force, assaulted her, and placed her in fear and humiliation.
- She alleged defendants caused her to be seized, exhibited publicly as a prisoner, and confined in a public jail.
- The complaint did not identify specific acts by particular defendants or provide concrete factual detail beyond general characterizations.
- She sought $25,000 compensatory damages and $10,000 punitive damages.

## Issues

1. Whether the pleadings disclosed a misjoinder of parties and causes of action.
2. Whether the complaint alleged facts sufficient to constitute a cause of action, as required by N.C. Gen. Stat. § 1-122, or instead alleged only legal conclusions.

## Decision

- The trial court sustained defendants’ demurrers and granted leave to amend; plaintiff appealed rather than amend.
- The Supreme Court held the complaint did not disclose misjoinder because all defendants were alleged to be involved in all alleged wrongs arising from a single transaction.
- The Supreme Court affirmed the sustaining of the demurrers because the complaint failed to state facts sufficient to constitute any cause of action.
- The Court noted plaintiff had been afforded an opportunity to replead with proper factual allegations.

## Legal Principles

- A complaint must contain a plain, concise statement of the facts constituting a cause of action under N.C. Gen. Stat. § 1-122.
- Pleadings must allege material, essential, ultimate (issuable) facts; conclusory characterizations are insufficient.
- A demurrer does not admit a pleader’s legal conclusions.
- Allegations that defendants “trespassed,” “assaulted,” or “caused” an arrest or confinement, without stating the specific acts and identifying who did what, do not state a claim.
- Claims for trespass and assault arising out of a single transaction, with all allegedly responsible parties, may be joined in one action.

## Conclusion

The court affirmed dismissal on demurrer because the complaint relied on generalized labels rather than alleging ultimate facts showing actionable conduct by each defendant, while recognizing the plaintiff’s opportunity to amend and plead the required factual detail.


Gillispie v. Goodyear Serv. Stores, 258 N.C. 487, 128 S.E.2d 762 (N.C. 1963)