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POWELL v. POWELL

No. 115.

156 S.E.2d 691 (1967)

271 N.C. 420

Alice Van Deusen POWELL v. Dr. William F. POWELL.

Supreme Court of North Carolina.

September 20, 1967.

Attorney(s) appearing for the Case

Williams, Williams & Morris by William C. Morris, Jr., and James F. Blue, III, Asheville, for defendant appellant.

Loftin & Loftin, Asheville, for plaintiff appellee.

PER CURIAM.

A judgment on the pleadings is proper only when the pleadings fail to present any issue of fact for the determination of a jury. City of Reidsville v. Burton, 269 N.C. 206, 152 S.E.2d 147, and cases cited. In Erickson v. Starling, 235 N.C. 643, 71 S.E.2d 384, the Court said: "When a party moves for judgment on the pleadings...

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