Johnson v. Lamb

G.S. 1-200 provides, “The issues arising upon the pleadings, material to be tried, must be made up by the attorneys appearing in the action, or by the judge presiding, and reduced to writing, before or during the trial.” This provision is mandatory. It is the duty of the trial judge to submit such issues as are necessary to settle the material controversies as to facts arising on the pleadings. Heating Co. v. Construction Co., 268 N.C. 23, 140 S.E. 2d 625; Stanback v. Haywood, 209 N.C. 798, 184 S.E. 831. Ordinarily, the form and number of issues to be submitted is a matter which rests in the…