Johnson v. Johnson

The defendant admitted in his answer and affirmatively alleged in his counterclaim that the children were born of his marriage to the plaintiff. Where a material fact is alleged in the complaint and admitted in the answer, it will, for the purpose of the trial,, be taken as true and beyond the range of questioning. Hartley v. Smith, 239 N.C. 170, 79 S.E. 2d 767; Royster v. Hancock, 235 N.C. 110, 69 S.E. 2d 29. It has the same effect for the plaintiff as if found by the jury. 2 McIntosh, N.C. Practice 2d, § 1235. Evidence to controvert the facts so admitted is properly excluded. Fleming v. R.…