NEWTON v. WILLIAMS

No. 7410DC1097.

214 S.E.2d 285 (1975)

25 N.C. App. 527

Justine Williams NEWTON v. Sanford Ellis WILLIAMS.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Jordan, Morris & Hoke by Joseph E. Wall, Raleigh, for plaintiff-appellee.

Brady, Gardner & Wynne by T. Alfred Gardner, Raleigh, for defendant-appellant.


BRITT, Judge.

G.S. § 1A-1, Rule 56, provides for the rendition of summary judgment ". . . 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 as a matter of law. . . ." We disagree with the trial court's conclusion in the instant case that no genuine issue as to any material fact was shown...

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