1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 157 S.E.2d
  5. 157 S.E.2d 577 (1967)
 

DIZE AWNING AND TENT CO. v. CITY OF WINSTON-SALEM

No. 443.

157 S.E.2d 577 (1967)

271 N.C. 715

DIZE AWNING AND TENT COMPANY v. CITY OF WINSTON-SALEM.

Supreme Court of North Carolina.

November 8, 1967.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor, by William K. Davis and John M. Minor, Winston-Salem, for plaintiff appellant.

Womble, Carlyle, Sandridge & Rice, by W. F. Womble and I. E. Carlyle, Winston-Salem, for defendant appellee.

PLESS, Justice.

The plaintiffs complain that in the procedure used by Judge Gambill he gave judgment on the pleadings, considering also the stipulations of the parties. It is true that "[o]n 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 * * *" Remsen v Edwards, 236 N.C. 427, 72 S.E.2d 879...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases