Newton v. Williams

BRITT, Judge.

G.S. 1A-1, Rule 56, provides for the rendition of summary judgment “. . . 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. . . .” We disagree with the trial court’s conclusion in the instant case that no genuine issue as to any material fact was shown and that plaintiff is entitled'-to judgment as a matter of law.

As stated in plaintiff’s brief, we are not concerned in this case with the…