(Download) "Andrews v. Bruton" by Supreme Court of North Carolina * eBook PDF Kindle ePub Free
eBook details
- Title: Andrews v. Bruton
- Author : Supreme Court of North Carolina
- Release Date : January 13, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
A plaintiff must make out his case secundum allegata. Barnes v. Caulbourne, 240 N.C. 721, 83 S.E.2d 898. There can be no recovery except on the case made by his pleadings. Collas v. Regan, 240 N.C. 472, 82 S.E.2d 215. Proof without allegation is no better than allegation without proof. Messick v. Turnage, 240 N.C. 625, 83 S.E.2d 654. When there is a material variance between allegation and proof, motion for judgment of nonsuit will be allowed. Suggs v. Braxton, 227 N.C. 50, 40 S.E.2d 470.