(DOWNLOAD) "Andrews v. Bruton" by Supreme Court of North Carolina * Book 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.