Legal Opinion
General Gas Corporation v. Carn
Court of Appeals of Georgia
Decided April 21, 1961No. 38651, 38652PublishedCited by 41 opinions
1Opinion of the Court
Bell, Judge.
The two questions determinative of this case are (1) whether the trial court erred in granting the motion for summary judgment and (2) if the summary judgment was properly granted, was it granted in the correct amount. Here the summary 'judgment- was granted upon the whole case.
Under the Georgia summary judgment statute (Code Ann. Cli. 110-12), the function of the motion is to avoid a useless trial where there is no genuine issue as to any material fact. In no sense does the statute authorize the courts to sit as both judge and jury, for where there is a genuine issue as to any…
2Cases cited6 opinions
- Scales v. PeevyCourt of Appeals of Georgia · 1961
- McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
- Whitney v. HaganCourt of Appeals of Georgia · 1941
- Atlanta Baggage & Cab Co. v. LoftinCourt of Appeals of Georgia · 1953
- Caldwell v. Mayor &C. of SavannahCourt of Appeals of Georgia · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
- Ginn v. MorganSupreme Court of Georgia · 1969
- Crutcher v. Crawford Land Co., Inc.Supreme Court of Georgia · 1964
- Raven v. Dodd's Auto Sales & Service, Inc.Court of Appeals of Georgia · 1968
- Watkins v. Nationwide Mutual Fire InsuranceCourt of Appeals of Georgia · 1966
36 more not listed; retrieve them via the Exa API.