Battle v. Clanton

CLARK, Judge.

A judgment on the pleadings was inappropriate. The complaint' was not fatally defective, and it appears that matters outside the pleadings were presented to and considered by the court. Under these circumstances the motion for judgment on thé pleadings must be treated as a motion for summary judgment. G.S. 1A-1, Rule 12 (c).

Summary judgment for the defendant Stallings was entered by the trial court on the basis of the release filed by the plaintiff and his attorney in consideration of the payment of the policy limits of $15,000 made by the insurer of the defendants Clanton and…