(DOWNLOAD) "Lane v. Dorney" by Supreme Court of North Carolina # Book PDF Kindle ePub Free
eBook details
- Title: Lane v. Dorney
- Author : Supreme Court of North Carolina
- Release Date : January 02, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Summary judgment procedure was first used in England under a rule adopted in 1855 and was applicable only to actions upon bills of exchange and promissory notes. Apparently, New York was the first State in the United States to adopt the procedure, following the English model. Clark, Summary Judgments, 2 F.R.D. 364 (1943). The New York rule originally applied only to a debt or liquidated demand arising on either contract or judgment for a stated sum. Subsequent amendments enlarged the categories of actions available for motion for summary judgment by plaintiff and allowed a defendant to move for dismissal in any type of case without being limited to the actions specified in the rule to which a plaintiff is limited. Clark, Summary Judgments, supra. Several states adopted a summary judgment rule several years prior to the adoption of the federal rules, but in most cases the rule was restricted in its application. All but New York and Michigan seem to restrict the remedy to the plaintiff. Chadbourn, A Summary Judgment Procedure for North Carolina, 14 N.C.L.R. 211. Among the jurisdictions having the summary judgment procedure, there is considerable divergence as to the kinds of cases in which it may be used, but