NEWBOLD v. GLOBE LIFE INS. CO.

No. 804SC284.

274 S.E.2d 905 (1981)

David E. NEWBOLD, Administrator of the Estate of Zack Elwood Newbold v. GLOBE LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

February 17, 1981.


Attorney(s) appearing for the Case

Bailey, Raynor & Erwin by Frank W. Erwin, Jacksonville, for plaintiff-appellee.

Wallace, Langley, Barwick & Landis by R. F. Landis, II, Kinston, and Joseph S. Bower, for defendant-appellant.


WHICHARD, Judge.

In its sole assignment of error defendant contends the pleadings and exhibits thereto do not support the judgment and that, on the contrary, they establish that plaintiff has not stated a claim for relief. The parties stipulated that decision on defendant's motion would constitute judgment on the merits. The judgment thus "in effect determines the action," and appeal at this point is proper. G.S. 1-277 (1971).

Under Rule 12(c), a party moving...

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