City of Raleigh v. Fisher

The appeal is from a judgment on the pleadings. A court of record has inherent power to render judgment on the pleadings where tbe facts shown and admitted by the pleadings entitle a party to such-judgment. 49 C.J., Pleading, section 944.

A motion for judgment on the pleadings is in the nature of a general demurrer. Pridgen v. Pridgen, 190 N.C. 102, 129 S.E. 419. Its function is to raise this issue of law: Whether the matters set up in the pleading of an opposing party are sufficient in law to constitute a cause of action or a defense. Adams v. Cleve, 218 N.C. 302, 10 S.E. 2d 911.

When a party…