· 11/9/1965
United States Fidelity and Guaranty Co. v. Eades
Citations
- 144 S.E.2d 703
- 150 W. Va. 238
- 1965 W. Va. LEXIS 349
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- providing “if matters outside the pleadings are presented to the court and are not excluded by it, the motion should be treated as one for summary judgment and disposed of under Rule 56 R.C.P. if there is no genuine issue as to any material fact in connection therewith”
- if the matters submitted to a circuit court outside the pleadings contain issues of fact, it cannot be disposed of by summary judgment
- only matters contained in a pleading can be considered on motion to dismiss under Rule 12(b)(6), W.Va.R.Civ.P.
Source: CourtListener parenthetical corpus (CC0).
Judges: Berry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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