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CREW v. CREW

No. 162.

73 S.E.2d 309 (1952)

236 N.C. 528

CREW v. CREW.

Supreme Court of North Carolina.

November 19, 1952.

Attorney(s) appearing for the Case

E. R. Tyler, Roxobel, Wade H. Dickens, Scotland Neck, and Eric Norfleet, Jackson, for plaintiff, appellant.

Johnson & Branch, Enfield, Allsbrook & Benton, Roanoke Rapids, and Gay & Midyette, Jackson, for defendant, appellee.

DENNY, Justice.

This Court recently held in the case of Erickson v. Starling, 235 N.C. 643, 71 S.E.2d 384, 394, that, "On a motion for judgment on the pleadings, the presiding judge should consider the pleadings, and nothing else. * * * He should not hear extrinsic evidence, or make findings of fact. * * * If he concludes on his consideration of the pleadings that a material issue of fact has been...

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