Flynt Ex Rel. Barefoot v. Flynt

The Code of Civil Procedure provides, in substance, that no judge shall undertake to adjudicate a litigated cause on its merits until issues of law or fact have been joined on the pleadings of the parties and the issues thus joined have been tried in the manner appointed by law. G.S. 1-171; G.S. 1-172; Erickson v. Starling, 235 N.C. 643, 71 S.E. 2d 384. The Code specifies, moreover, that the only pleading by which the defendant can raise an issue relating to the merits of a litigated cause is either a demurrer or an answer. G.S. 1-124.

These fundamental provisions of the Code were set at…