BEST v. PERRY

No. 788SC637.

254 S.E.2d 281 (1979)

41 N.C. App. 107

Pennina Pearl Perry BEST v. William Edward PERRY.

Court of Appeals of North Carolina.

May 1, 1979.


Attorney(s) appearing for the Case

Duke & Brown by John E. Duke, Goldsboro, for plaintiff-appellant.

Merritt & Gaylor by Cecil P. Merritt, Goldsboro, for defendant-appellee.


MITCHELL, Judge.

The plaintiff's sole contention on appeal is that the trial court erred in granting the defendant's motion for judgment on the pleadings. When matters not contained in the pleadings are presented to and not excluded by the trial court, a motion for judgment on the pleadings must be treated as a motion for summary judgment. G.S. 1A-1, Rule 12(c). The record before us indicates that affidavits were filed by the defendant with the trial court. The defendant...

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