Legal Opinion

Hawkins v. . Moss

Supreme Court of North Carolina

Decided September 30, 1942PublishedCited by 7 opinions

1Opinion of the CourtWinborne, J.

“The function of a complaint” as stated by Walker, J., in Winders v. Hill, 141 N. C., 694, 54 S. E., 440, “is not the narration of the evidence, but a statement of the substantive and constituent facts upon which the plaintiff’s claim to relief is founded. The bare statement of the ultimate facts is all that is required, and they are always such as are directly put in issue. Probative facts are those which may be in controversy, but are not issuable. Facts from which the ultimate and decisive facts may be inferred are but evidence, and therefore probative. Those from which a legal conclusion…

2Cases cited4 opinions

  1. Winders v. Hill.Supreme Court of North Carolina · 1906
  2. Revis v. City of AshevilleSupreme Court of North Carolina · 1934
  3. Wooden v. StrewNew York Supreme Court · 1853
  4. McDonald v. . ZimmermanSupreme Court of North Carolina · 1934

3Cited by7 opinions

  1. Woodard v. MordecaiSupreme Court of North Carolina · 1951
  2. Daniel v. GardnerSupreme Court of North Carolina · 1954
  3. Brewer v. CAROLINA COACH COMPANYSupreme Court of North Carolina · 1960
  4. Ledford v. Marion Transportation Co.Supreme Court of North Carolina · 1953
  5. Long v. LoveSupreme Court of North Carolina · 1949

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