(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, Â§ 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).