GRAY v. GRAY

No. 728DC589.

193 S.E.2d 492 (1972)

16 N.C. App. 730

Judy W. GRAY v. Willie D. GRAY.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Taylor, Allen, Warren & Kerr by Lindsay C. Warren, Jr., and John H. Kerr, III, Goldsboro, for plaintiff appellee.

Herbert B. Hulse and George F. Taylor, Goldsboro, for defendant appellant.


MALLARD, Chief Judge.

Defendant contends that the trial court committed error in failing to allow his motions for judgment on the pleadings under Rule 12(c) and for summary judgment under Rule 56(b). These contentions are without merit.

The pertinent parts of the statute (G.S. § 50-6) under which plaintiff was proceeding in both actions read:

"Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application...

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