Frush v. Brooks

The decision in this appeal depends on the meaning and effect of the summary judgment provisions of the General Rules of Practice and Procedure.

The appellee, plaintiff below, sold the appellant, defendant below, a house scow, and as part of the purchase price accepted her promissory note. Not only was the note not paid but an additional indebtedness accrued for wharfage. Appellee filed suit to recover the balance due. Filed with the declaration was a motion for summary judgment, with supporting affidavit and notice to the defendant to plead, as required by the rules. The appellant filed the…