Brantley v. Dunstan

CAMPBELL, Judge.

The sole question presented upon this appeal is whether the record discloses that the plaintiff’s claim is barred by the running of the statute of limitations. If so, defendants were en titled to judgment as a matter of law and summary judgment, under Rule 56, N. C. Rules of Civil Procedure, was appropriate. Whether regarded as arising out of contract or tort, the prescribed period for the commencement of the action is three years. G.S. 1-52(1) and (5).

The record discloses that the injury complained of occurred when the defective summons was filed 26 November 1965. The present…