SIDERS v. GIBBS

No. 7614SC26.

225 S.E.2d 133 (1976)

29 N.C. App. 540

Nancy H. SIDERS v. Larry Wayne GIBBS.

Court of Appeals of North Carolina.

June 2, 1976.


Attorney(s) appearing for the Case

Clayton, Myrick, McCain & Oettinger by Grover C. McCain, Jr., Durham, for plaintiff-appellant.

Haywood, Denny & Miller by George W. Miller, Jr., Durham, for defendant-appellee.


CLARK, Judge.

Plaintiff contends that the trial court erred in considering defendant Gibbs' affidavit verifying his answer since it was filed on the date of the summary judgment hearing, and this Court ruled in Insurance Co. v. Chantos, 21 N.C. App. 129, 203 S.E.2d 421 (1974), that affidavits in support of summary judgment must be filed before the date of hearing. The purpose of the Chantos...

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