Powell v. Powell, 115
Decision Date | 20 September 1967 |
Docket Number | No. 115,115 |
Citation | 156 S.E.2d 691,271 N.C. 420 |
Parties | Alice Van Deusen POWELL v. Dr. William F. POWELL. |
Court | North Carolina Supreme Court |
Williams, Williams & Morris by William C. Morris, Jr., and James F. Blue, III, Asheville, for defendant appellant.
Loftin & Loftin, Asheville, for plaintiff appellee.
A judgment on the pleadings is proper only when the pleadings fail to present any issue of fact for the determination of a jury. City of Reidsville v. Burton, 269 N.C. 206, 152 S.E.2d 147, and cases cited. In Erickson v. Starling, 235 N.C. 643, 71 S.E.2d 384, the Court said: 'When a party moves for judgment on the pleadings, he admits these two things for the purpose of his motion, namely: (1) The truth of all well-pleaded facts in the pleading of his adversary, together with all fair inferences to be drawn from such facts; and (2) the untruth of his own allegations in so far as they are controverted by the pleading of his adversary.'
In Edwards v. Edwards, 261 N.C. 445, 135 S.E.2d 18, the Court said:
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...operates substantially the same as under the code system before adoption of the new rules of civil procedure. See Powell v. Powell, 271 N.C. 420, 156 S.E.2d 691 (1967); Reidsville v. Burton, 269 N.C. 206, 152 S.E.2d 147 (1967); Edwards v. Edwards, 261 N.C. 445, 135 S.E.2d 18 (1964); 6 Stron......
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...no cause of action or defense will be liberally construed in favor of the pleader.' 51 Am.Jur., Pleadings, § 336." Powell v. Powell, 271 N.C. 420, 156 S.E.2d 691 (1967); Edwards v. Edwards, 261 N.C. 445, 135 S.E.2d 18 (1964). In the leading case on this question in this Court, we said that ......
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