Legal Opinion

North Carolina National Bank v. Harwell

Court of Appeals of North Carolina

Decided October 3, 1978No. 7718DC859PublishedCited by 13 opinions

1Opinion of the Court

MORRIS, Judge.

The defendant has challenged the District Court’s order granting summary judgment for plaintiff on two grounds. First, he asserts, for the first time on appeal, that summary judgment was improper because the pleadings and affidavits in support of the motion did not satisfy the requirements of G.S. 1A-1, Rule 56(e). Second, the defendant argues that as a matter of law, he, not the plaintiff, is entitled to summary judgment in his favor.

Defendant made no objection in the trial court to the insufficiency of plaintiff’s pleadings and affidavits submitted in support of the motion for…

2Cases cited4 opinions

  1. Auto Drive-Away Company of Hialeah, Inc., Gertrude McKiernan and B. J. McKiernan v. Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1966
  2. Ernest v. Noblett v. General Electric Credit CorporationCourt of Appeals for the Tenth Circuit · 1968
  3. Manufacturers Hanover Trust Co. v. AkpanCivil Court of the City of New York · 1977
  4. Kirby v. First & Merchants National BankSupreme Court of Virginia · 1969

3Cited by13 opinions

  1. Chrysler Credit Corporation v. First National Bank And Trust Company Of WashingtonCourt of Appeals for the First Circuit · 1984
  2. Davidson v. Knauff Insurance Agency, Inc.Court of Appeals of North Carolina · 1989
  3. Pulaski Bank & Trust Co. v. Texas American Bank/Fort Worth, N.A., Texas Court of Appeals, 5th District (Dallas)1988
  4. Yamaha International Corp. v. ParksCourt of Appeals of North Carolina · 1985
  5. Alpiser v. Eagle Pontiac-GMC-Isuzu, Inc.Court of Appeals of North Carolina · 1990

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