Legal Opinion · Dissent

Signal Oil & Gas Co. v. Conway

Court of Appeals of Georgia

Decided June 19, 1972No. 47018Published

1DissentEvans, Judge

Mrs. Betty Conway sued Signal Oil & Gas Company for libel. Defendant answered, took the plaintiff’s depositions, and then filed a motion for summary judgment. The trial court denied the motion for summary judgment, and the majority opinion of this court reverses.

Where defendant moves for summary judgment, the burden is on movant to pierce the material allegations of plaintiff’s complaint, and each essential allegation of said complaint stands as an established fact where not pierced by defendant. His mere denial by answer will not suffice. Watkins v. Nationwide &c. Ins. Co., 113 Ga. App. 801…

2Cases cited14 opinions

  1. Saunders v. VikersCourt of Appeals of Georgia · 1967
  2. Watkins v. Nationwide Mutual Fire InsuranceCourt of Appeals of Georgia · 1966
  3. Werbin & Tenenbaum, Inc. v. HeardCourt of Appeals of Georgia · 1970
  4. Davis v. General Finance & Thrift Corp.Court of Appeals of Georgia · 1950
  5. Croker v. SmithSupreme Court of Georgia · 1969

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