Brown v. . Daniel

The purpose of the trial is to determine the controversy between the parties in accordance with the law. Issues are raised by the pleadings, but in' their formulation they must have regard not only to the pleadings but to the phases of the evidence pertinent thereto. Elliott v. Power Co., 190 N. C., 62, 128 S. E., 730; Martin v. Knight, 147 N. C., 564, 61 S. E., 477. Where the issues submitted to the jury are not determinative of the controversy, a judgment entered thereupon is erroneous. Bank v. Broom Co., 188 N. C., 508, 125 S. E., 12.

In applying these principles we must bear in mind that…