Mills v. Koscot Interplanetary, Inc.

CAMPBELL, Judge.

Defendant's Appeal

Defendant asserts that its motion for judgment on the pleadings should have been sustained. We do not agree. This motion was made under Rule 12 of the North Carolina Rules of Civil Procedure, G.S. 1A-1, Rule 12. The defendant’s motion was made prior to the amendment to the complaint. It is to be passed upon, however, in the light of the evidence presented at the trial and the amendment to the complaint which was thereafter allowed by the trial court. 2A Moore’s Federal Practice, § 12.15, p. 2349 (2d Ed. 1968). When so considered under the new notice theory of…