(Download) "Wells V. Clayton" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Wells V. Clayton
- Author : Supreme Court of North Carolina
- Release Date : January 22, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
1. The law confers upon the parties to a civil action the right to a jury trial when, and only when, an issue of fact arises on the pleadings. G.S. 1-172; Jeffreys v. Ins. Co., 202 N.C. 368, 162 S.E. 761; Comrs. v. George, 182 N.C. 414, 109 S.E. 77; McQueen v. Bank, 111 N.C. 509, 16 S.E. 270. An issue of fact arises on the pleadings whenever a material fact is maintained by one party and controverted by the other. G.S. 1-196; Lupton v. Day, 211 N.C. 443, 190 S.E. 722. A material fact is one which constitutes a part of the plaintiff's cause of action or the defendant's defense. Adams v. Way, 32 Conn. 160; People v. Lake St. R.R. Co., 54 Ill. App. 348; Hansen v. Sandvik, 128 Wash. 60, 222 P. 205. Although an issue of fact may arise on the pleadings in a particular case, the trial judge may and should withdraw the issue from the consideration of the jury, and enter such judgment as either of the parties may have the right to demand upon the admissions of fact contained in the pleadings if no evidence is offered tending to sustain the allegation of the party having the burden of proof on the issue. Forbes v. Mill Co., 195 N.C. 51, 141 S.E. 252; McQueen v. Bank, supra; Judson v. Creighton, 88 Neb. 37, 128 N.W. 651.
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