YANCEY v. WATKINS

No. 719SC459.

182 S.E.2d 605 (1971)

12 N.C. App. 140

W. T. YANCEY v. Louise H. WATKINS, Widow, Executrix of the Estate of G. B. Watkins, and Individually.

Court of Appeals of North Carolina.

August 4, 1971.


Attorney(s) appearing for the Case

Perry, Kittrell, Blackburn & Blackburn, Henderson, and Royster & Royster, T. S. Royster, Jr., Oxford, by Charles F. Blackburn, Henderson, for plaintiff appellant.

Watkins & Edmundson by R. Gene Edmundson, Oxford, for defendant appellees.


BRITT, Judge.

Plaintiffs contend that defendants' motion for judgment on the pleadings was premature; therefore, the court erred in entering its judgment pursuant to the motion. The point is well taken.

The record discloses: On 18 November 1970, defendants filed a motion for judgment on the pleadings "under Rule 12(c) and Rule 56 of the Rules of Civil Procedure, as amended." On 19 November 1970, defendants filed their answer to the amended complaint, setting...

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