Poore v. Swan Quarter Farms, Inc.

WHICHARD, Judge.

The parties offered and the court considered only the pleadings in determining defendants’ motions for judgment on the pleadings, summary judgment, and dismissal for failure to state a claim. It did not consider any “affidavits, depositions, answers to interrogatories, admissions, documentary materials, facts which are subject to judicial notice, [or] any other materials which would be admissible in evidence at trial.” Huss v. Huss, 31 N.C. App. 463, 466, 230 S.E. 2d 159, 162 (1976). Therefore, we must consider the ruling to have been under N.C. Gen. Stat. 1A-1, Rule 12(c) for…