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ROSE v. GUILFORD COUNTY, BY & THROUGH GUILFORD

No. 8218SC116.

298 S.E.2d 200 (1982)

A.J. ROSE and wife, Dora W. Rose v. GUILFORD COUNTY, By and Through the GUILFORD COUNTY COMMISSIONERS.

Court of Appeals of North Carolina.

December 21, 1982.

Attorney(s) appearing for the Case

R. Horace Swiggett, Jr., and Herman Winfree, Greensboro, for plaintiffs-appellants.

Deputy County Atty., Margaret A. Dudley, Greensboro, for defendants-appellees.

VAUGHN, Judge.

Plaintiffs' first argument is that the trial court erred in ruling that plaintiffs' affidavits, which were filed on the day of the summary judgment hearing, were inadmissible. We do not agree. G.S. 1A-1, Rule 56(c) provides, in part: "The adverse party prior to the day of hearing may serve opposing affidavits." This rule was explained in Nationwide Mutual Insurance Company v. Chantos, 21 N.C. App. 129,

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