(DOWNLOAD) "Dobias v. White" by Supreme Court of North Carolina # eBook PDF Kindle ePub Free
eBook details
- Title: Dobias v. White
- Author : Supreme Court of North Carolina
- Release Date : January 29, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
"A motion for judgment on the pleadings is allowable only where the pleading of the opposite party is so fatally deficient in substance as to present no material issue of fact . . . A complaint is fatally deficient in substance, and subject to a motion by the defendant for judgment on the pleadings if it fails to state a good cause of action for plaintiff and against defendant . . . An answer is fatally deficient in substance and subject to a motion by the plaintiff for judgment on the pleadings if it admits every material averment in the complaint and fails to set up any defense or new matter sufficient in law to avoid or defeat the plaintiffs claim." Erickson v. Starling, 235 N.C. 643, 71 S.E.2d 384.