(DOWNLOAD) "Capps v. City of Raleigh" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Capps v. City of Raleigh
- Author : Supreme Court of New York
- Release Date : January 21, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
At the outset we feel compelled again to point out that it is not a part of the function of the court on a motion for summary judgment to make findings of fact and conclusions of law. "As we have pointed out on previous occasions, finding the facts in a judgment entered on a motion for summary judgment presupposes that the facts are in dispute. . . . [T]he Supreme Court and this Court have emphasized in numerous opinions that upon a motion for summary judgment it is no part of the courts function to decide issues of fact but solely to determine whether there is an issue of fact to be tried. Stonestreet v. Compton Motors, Inc., et als, 18 N.C. App. 527, (Filed 27 June 1973)." Insurance Co. v. Motor Co., 18 N.C. App. 689, 692, 198 S.E.2d 88, 90 (1973). Despite our frequent reminders, we find that some of the trial judges continue to treat the motion for summary judgment as a hearing upon the merits before the court without a jury where the judge becomes the trier of the facts. Granted, in rare situations it can be helpful for the trial court to set out the undisputed facts which form the bases for his judgment. When that appears helpful or necessary, the court should let the judgment show that the facts set out therein are the undisputed facts. The judgment now before us does not so indicate. It does appear, however, that the material facts set out are not in dispute.