City of Reidsville v. Burton

A judgment on the pleadings is proper only when the pleadings fail to present any issue of fact for the determination of a jury. Fisher v. Motor Co., 249 N.C. 617, 107 S.E. 2d 94; Waggoner v. Waggoner, 246 N.C. 210, 97 S.E. 2d 887; Erickson v. Starling, 235 N.C. 643, 71 S.E. 2d 384; Jeffreys v. Insurance Co., 202 N.C. 368, 162 S.E. 761; 3 Strong’s N. C. Index, Pleadings, § 30, and supplement to ibid, § 30.

On a motion for judgment on the pleadings it is error for the court to hear evidence and find facts in support of its judgment, since only the pleadings themselves may be considered. Crew v.…