RANDOLPH v. SCHUYLER

No. 7321DC422.

197 S.E.2d 3 (1973)

18 N.C. App. 393

Clyde C. RANDOLPH, Jr. v. Elva J. SCHUYLER.

Court of Appeals of North Carolina.

June 13, 1973.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Charles F. Vance, Jr., and W. Andrew Copenhaver, Winston-Salem, for plaintiff appellee.

Allen A. Bailey, by Thomas D. Windsor, Charlotte, for defendant appellant.


BALEY, Judge.

Defendant takes the position that the instrument dated 22 April 1960, which assigned to plaintiff one-third of the proceeds of the insurance policy on the life of her husband in consideration of the services plaintiff had rendered as their attorney, should be excluded from evidence because it was not within the issues raised by the pleadings. We cannot agree.

Under the notice theory of pleading as set out in Rule 8(a), Rules of Civil Procedure...

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