Box v. Bates

. MR. JUSTICE STEAKLEY

delivered the opinion of the Court.

This is a summary judgment case. Petitioner sued respondents for damages resulting from an automobile collision occurring on November 12,1955. Respondents filed an answer on April 3, 1956, consisting of a general denial and an allegation that the accident resulted from the failure of petitioner to use ordinary care.

Subsequently, on July 25, 1956, respondents filed Motion for Summary Judgment to which one of the attorneys for respondents made affidavit “that the allegations contained in the foregoing motion are true and correct.” The…