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JOHNSON v. JOHNSON

No. 7021DC30.

172 S.E.2d 264 (1970)

7 N.C. App. 310

Patsy Lou Payne JOHNSON v. Julian Neal JOHNSON.

Court of Appeals of North Carolina.

February 25, 1970.

Attorney(s) appearing for the Case

Wood & Phillips, by George F. Phillips, Winston-Salem, for plaintiff appellee.

Robert M. Bryant, Winston-Salem, for defendant appellant.

VAUGHN, Judge.

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...

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