(DOWNLOAD) "Chisholm v. Hall" by Supreme Court of North Carolina * Book PDF Kindle ePub Free
eBook details
- Title: Chisholm v. Hall
- Author : Supreme Court of North Carolina
- Release Date : January 27, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Defendant asserts that its motion for judgment on the pleadings should have been sustained. We do not agree. This motion was made under Rule 12 of the North Carolina Rules of Civil Procedure, G.S. 1A-1, Rule 12. The defendants motion was made prior to the amendment to the complaint. It is to be passed upon, however, in the light of the evidence presented at the trial and the amendment to the complaint which was thereafter allowed by the trial court. 2A Moores Federal practice, § 12.15, p. 2349 (2d Ed. 1968). When so considered under the new notice theory of pleading, we think the complaint as amended was sufficient. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970).