ERVIN, Justice.
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,
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