HUTCHINSON v. HUTCHINSON

No. 8025SC480.

272 S.E.2d 146 (1980)

Raymond H. HUTCHINSON v. Thomas HUTCHINSON.

Court of Appeals of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Beal & Beal, P.A. by Beverly T. Beal, Lenoir, for plaintiff-appellant.

Tate, Young & Morphis by E. Murray Tate, Jr., Hickory, for defendant-appellee.


WELLS, Judge.

We first note that the defenses asserted by defendant are of the nature which are properly asserted in an answer. See G.S. 1A-1, Rule 12. We next note that although the trial court apparently treated defendant's motion as a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), the judgment indicates that the trial court considered, in addition to plaintiff's complaint and defendant's motion, a deposition and interrogatories and answers to interrogatories...

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