Riddle v. Artis

Artis, an original defendant, and McMillan, an additional defendant, are not parties to this appeal. The judgment recites that plaintiff had obtained a judgment by default and inquiry against defendants Artis and McMillan. We are concerned only with the sufficiency of the evidence to warrant submission to the jury of the issues arising on plaintiff’s alleged cause of action against defendants Morris.

“A demurrer to a complaint, G.S. 1-127, and a demurrer to the evidence, G.S. 1-183, are different in purpose and result. One challenges the sufficiency of the pleadings, the other the sufficiency…