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Evidence which is not pertinent to the issues raised by the pleadings is immaterial, and it is error to allow the introduction of such evidence. (Estates of Boyes, 151 Cal. 143, 147 [90 P. 454]; Moss v. Youngblood, 187 Ga. 188 [200 S.E. 689, 692]; Nantahala Power & Light Co. v. Sloan, 227 N.C. 151 [41 S.E.2d 361, 362]; see 10 Cal.Jur. 797, § 98; 21 Cal.Jur. 157, § 106; Code Civ. Proc., § 1868; cf. Kurn v. Counts, 247 Ala. 129 [22 So.2d 725]; Hanskett v. Broughton, 157 Minn. 83 [195 N.W. 794].) In Nantahala it was squarely held that it was error to admit evidence on an issue not raised by the pleadings. A prior judgment was held to be not admissible either to prove the existence of an easement or to establish the amount of damages. As to the first ground the court stated: 'Here the existence and the extent of the original easement are alleged in the petition and not denied in the answer. Therefore, the respondent admitted the existence and extent of the petitioner's easement prior to raising its dam one vertical foot. Such admission is as binding on the parties ...

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