[DOWNLOAD] "Ludwig v. Hart" by Court of Appeals of North Carolina ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Ludwig v. Hart
• Author : Court of Appeals of North Carolina
• Release Date : January 06, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The threshold question presented for review is whether judgment on the pleadings is appropriate in this action. G.S. 1A-1, Rule 12(c) provides that a motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that the movant is entitled to judgment as a matter of law. Trust Co. v. Elzey, 26 N.C. App. 29, 214 S.E.2d 800, cert. denied, 288 N.C. 252, 217 S.E.2d 662 (1975). The trial judge is to consider only the pleadings and any attached exhibits, which become part of the pleadings. Wilson v. Development Co., 276 N.C. 198, 206, 171 S.E.2d 873, 879 (1970); Van Every v. Van Every, 265 N.C. 506, 512, 144 S.E.2d 603, 607 (1965); 10 Strongs N.C. Index 3d, Pleadings, § 38.4, p. 304-305. No evidence is to be heard, and the trial judge is not to consider statements of fact in the briefs of the parties or the testimony of allegations by the parties in different proceedings. Wilson v. Development Co., supra, at 206, 171 S.E.2d at 878; Acceptance Corp. v. Spencer, 268 N.C. 1, 13, 149 S.E.2d 570, 579 (1966); 10 Strongs N.C. Index 3d, Pleadings, § 38.4, p. 305.

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