AMERICAN BANK AND TRUST COMPANY v. Elzey

HEDRICK, Judge.

Defendants’ exception to the judgment presents for review the face of the record proper, but such review is limited to the -question of whether error of law appears on the face of the record, which includes whether the facts found or admitted support the judgment and whether the judgment is in proper form. Fishing Pier v. Town of Carolina Beach, 274 N.C. 362, 163 S.E. 2d 363 (1968).

A motion for judgment on the pleadings pursuant to G.S. 1A-1, Rule 12(c), should not be granted unless “the movant clearly establishes that no material issue of fact remains to be resolved and that…