Sercy v. Walker

The defendants assign as error the granting of the plaintiffs’ motion for judgment on the pleadings, and the signing of the judgment.

The pleadings are voluminous and often argumentative, and a detailed discussion or even partial reproduction here would serve no useful purpose.

The law does not authorize the entry of a judgment on the pleadings in any case where the pleadings raise an issue of fact on any single material proposition. Erickson v. Starling, 235 N.C. 643, 71 5.E. 2d 384; Motley v. Thompson, 259 N.C. 612, 131 S.E. 2d 447.

Plaintiffs’ motion for a judgment on the pleadings is in…