Newbold v. Globe Life Insurance

WHICHARD, Judge.

In its sole assignment of error defendant contends the pleadings and exhibits thereto do not support the judgment and that, on the contrary, they establish that plaintiff has not stated a claim for relief. The parties stipulated that decision on defendant’s motion would constitute judgment on the merits. The judgment thus “in effect determines the action,” and appeal at this point is proper. G.S. 1-277 (1971).

Under Rule 12(c), a party moving for judgment on the pleadings “is held to a strict standard and must show that no material issue of facts exists and that he is clearly…