LOWMAN v. HUFFMAN

No. 7225SC356.

190 S.E.2d 700 (1972)

Walter W. LOWMAN and wife, Mary Alice Lowman v. Houston T. HUFFMAN et al.

Court of Appeals of North Carolina.

August 23, 1972.


Attorney(s) appearing for the Case

Edward M. Hairfield, Morganton, and L. M. Abernathy, Granite Falls, by Edward M. Hairfield, Morganton, for plaintiff appellants.

Byrd, Byrd, Ervin & Blanton by John W. Ervin, Jr., Morganton, for defendant appellees.


HEDRICK, Judge.

The question presented on this appeal is whether the Court erred in allowing the defendants' motion for summary judgment. The standard for summary judgment is fixed by Rule 56(c). "The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment...

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