178 S.E.2d 1 (N.C.App. 1970), 7026SC472, Patterson v. Reid

Docket Nº:7026SC472.
Citation:178 S.E.2d 1, 10 N.C.App. 22
Party Name:Deborah Jones PATTERSON, by Next Friend, Bobby Jones v. Ralph Conner REID and wife, Nancy L. Reid.
Case Date:December 16, 1970
Court:Court of Appeals of North Carolina

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178 S.E.2d 1 (N.C.App. 1970)

10 N.C.App. 22

Deborah Jones PATTERSON, by Next Friend, Bobby Jones


Ralph Conner REID and wife, Nancy L. Reid.

No. 7026SC472.

Court of Appeals of North Carolina.

December 16, 1970

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James H. Morton, Charlotte, for plaintiff-appellee.

Helms, Mulliss & Johnston by E. Osborne Ayscue, Jr., and Robert B. Cordle, Charlotte, for defendants-appellants.

PARKER, Judge.

The motion for summary judgment under Rule 56 of the Rules of Civil Procedure (G.S. § 1A--1, Rule 56) is a procedure new to the courts of this State. (For an excellent discussion of the history and purpose of the summary judgment procedure, see opinion by Morris, Judge, in Pridgen v. Hughes, N.C.App., 177 S.E.2d 425, filed November 18, 1970.) The purpose of the rule is not to resolve a disputed material issue of fact, if one exists, but to provide an expeditious method for determining whether any such issue does actually exist. The rule provides that '(t)he judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.' Rule 56(c). When motion for summary judgment is made, the court must look at the record in the light most favorable to the party opposing the motion. Crest Auto Supplies, Inc. v. Ero Manufacturing Company, 360 F.2d 896 (7th Cir. 1966). However, when the motion is supported as provided in the rule, 'an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.' Rule 56(e). The affidavits comtemplated by the rule, both those supporting and those opposing the motion, 'shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.' Rule 56(e).

In the case before us, plaintiff alleged in her pleading a claim against defendants...

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