Green v. Smart

YOUNG, Justice.

Summary judgment proceedings, pursuant to Rule 166-A-, Texas Rules of Civil Procedure. Prior thereto, plaintiff Smart had sued the administrator on three promissory notes aggregating $3,880 plus interest and attorney’s fees, rejected by said administrator, who had alnswered by general denial. Then followed appellee’s motion for summary judgment, alleging insufficiency of affirmative defenses and want of genuine issues on any material fact, with hearing set for September 26, 1958. Hearing waa had on that day with judgment for plaintiff as prayed, same reciting however as “signed…