Burningham v. Ott

(concurring, but dissenting in part) :

I concur in affirming the judgment of dismissal. But because I disagree with the comments made about summary judgment, I make these observations:

On a motion for summary judgment the trial court is called upon to rule whether, upon the basis of the pleadings, depositions, affidavits, answers and admissions (hereinafter called representational documents), there is any disputed material issue *623of fact, which if resolved against the moving party, would prevent him from prevailing.

The authorities that have spoken on this subject have quite uniformly declared…