Principle

CIVIL PROCEDURE — Pleadings — Facts Pleaded Not Supported by Evidence — Must Be Discountenanced

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A party must prove the facts pleaded. If no evidence is adduced to support pleaded facts, those facts go to no issue. The court cannot consider them. The principle reinforces the rule that he who asserts must prove. The court will not assume the truth…

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