Oldham Ex Rel. Reynolds v. Ross

It is not specifically alleged in the complaint that the alleged agreement made by defendants’ intestate was or was not in writing and that the complaint does not sufficiently state a cause of action is not challenged by demurrer, the accepted method of raising this issue of law. C. S., 511. A motion for judgment on the pleadings is one ordinarily interposed by the litigant seeking affirmative relief. When so interposed it admits the facts alleged in defense and challenges the sufficiency of such facts to constitute a defense. Barnes v. Trust Co., 194 N. C., 371, 139 S. E., 689; Pridgen v.…