Hinton v. . Whitehurst

To procure the cancellation of a judgment it is not sufficient to merely allege that it is void. The complaint must state the facts upon which that conclusion is based, so that the court may determine whether the facts alleged, if supported by evidence, in fact rendered the judgment invalid. The complaint must contain “a plain and concise statement of the facts constituting a cause of action.” C. S., 506. The mere allegation of the conclusion which the pleader conceives should' be drawn from the evidence he intends to offer is insufficient. Hartsfield v. Bryan, 177 N. C., 166, 98 S. E., 379;…