Stewart v. McDade

Defendant’s assignments of error pose the general question, whether or not the matters decided by the jury’s verdict are sufficient predicate for the relief granted by the court in the judgment.

Issues arise on the pleadings, and their formation must have regard to the phases of the evidence pertinent thereto. Brown v. Daniel, 219 N.C. 349, 352, 13 S.E. 2d 623. Exclusive of matters settled by stipulation, the only issues of fact raised by the complaint and answer in the case at bar are those which were submitted to and answered by the jury. Defendant set up no affirmative defenses. The…