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PRIDGEN v. HUGHES

No. 7026DC449.

177 S.E.2d 425 (1970)

9 N.C. App. 635

Ennie Mae PRIDGEN v. William HUGHES and wife, Jerlene Hughes.

Court of Appeals of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

Chambers, Stein, Ferguson & Lanning by James E. Lanning, Charlotte, for plaintiff appellant.

Marvin K. Gray, Charlotte, for defendants appellees.

MORRIS, Judge.

Summary judgment procedure was first used in England under a rule adopted in 1855 and was applicable only to actions upon bills of exchange and promissory notes. Apparently, New York was the first State in the United States to adopt the procedure, following the English model. Clark, Summary Judgments, 2 F.R.D. 364 (1943). The New York rule originally applied only to a debt or liquidated demand arising on either contract or judgment for a stated sum...

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