DE LOATCH v. BEAMON

No. 737.

114 S.E.2d 711 (1960)

252 N.C. 754

William E. DE LOATCH, John T. Flynn, I. Holt, Jr., L. H. Sutton, Curtis P. Pendergraph and J. L. Anderson, on behalf of themselves and all other property owners and taxpayers of Alamance County, v. W. L. BEAMON, Chairman, J. B. Long, C. C. Bayliff, Garland M. Newlin and Buel Moser, County Commissioners of the County of Alamance, State of North Carolina.

Supreme Court of North Carolina.

June 10, 1960.


Attorney(s) appearing for the Case

H. F. Seawell, Jr., Carthage, for plaintiffs-appellants.

Young, Young & Gordon, Burlington, for defendants-appellees.


BOBBITT, Justice.

Judge Carr, in entering final judgment, treated defendants' prayer that the action be dismissed as a motion for judgment on the pleadings. The rules applicable upon consideration of such motion are fully stated in Erickson v. Starling, 235 N.C. 643, 71 S.E.2d 384. Suffice to say, we are in agreement with Judge Carr's ruling that the pleadings do not raise an issue of fact as to any...

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