Principle

CIVIL PROCEDURE – Pleadings – Issues Are Joined on Pleadings and Not on Plans

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Pleadings define the issues in dispute. A survey plan is evidence but does not determine the scope of issues. The court must examine the pleadings to determine what was litigated. The principle applies to res judicata and issue estoppel. The party relying on a previous…

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