ROTEN v. STATE

No. 7023SC350.

175 S.E.2d 384 (1970)

8 N.C. App. 643

Lona ROTEN v. STATE of North Carolina.

Court of Appeals of North Carolina.

July 15, 1970.


Attorney(s) appearing for the Case

Wicker, Vannoy & Moore, by J. Gary Vannoy, N. Wilkesboro, for plaintiff appellant.

Robert Morgan, Atty. Gen., and Rafford E. Jones, Staff Attorney, Raleigh, for the State.


HEDRICK, Judge.

G.S. § 1A-1, Rule 56(b), Rules of Civil Procedure, provides: "A party against whom a claim, counterclaim, or crossclaim is asserted or a declaratory judgment is sought, may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof."

G.S. § 1A-1, Rule 56(c), Rules of Civil Procedure, establishes the procedure to be followed by the court when considering a motion for summary...

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