FAULK v. DELLINGER

No. 7922SC26.

259 S.E.2d 782 (1979)

44 N.C. App. 39

Roy FAULK, Plaintiff, v. Wayne Guy DELLINGER, Defendant and Third Party Plaintiff, v. Roy TILLEY, Third Party Defendant.

Court of Appeals of North Carolina.

November 20, 1979.


Attorney(s) appearing for the Case

Farthing & Cheshire by H. Clinton Cheshire, Hickory, for third party plaintiff-appellant.

Homesley, Jones, Gaines & Dixon by T. C. Homesley, Jr., and Edmund L. Gaines, Statesville, for third party defendant-appellee.


VAUGHN, Judge.

The sole question is whether it was proper to grant summary judgment for third party defendant, Tilley. If the pleadings and affidavits show there is no genuine issue as to the material fact of ownership of the cow by Tilley, then as a matter of law he is entitled to summary judgment. G.S. 1A-1, Rule 56(c). Contrary to the burden at trial, the burden at this stage is on Tilley as movant to establish the lack of a triable issue. Singleton v. Stewart...

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