In Re the Estate of Wallace

Petitioner has one assignment of error, which is as follows: “To the action of the Court in signing the Judgment in the proceeding.”

An issue of fact arises upon the pleadings whenever a material fact is maintained by one party and controverted by the other. G.S. 1-196 and 1-198; Wells v. Clayton, 236 N.C. 102, 72 S.E. 2d 16; Baker v. Construction Corp., 255 N.C. 302, 121 S.E. 2d 731. “A material fact is one which constitutes a part of the plaintiff’s cause of action or the defendant’s defense.” Wells v. Clayton, supra.

The North Carolina Constitution, Art. I, sec. 19, states in relevant part:…