Winston v. Frazier

OPINION

NYE, Chief Justice.

This is a suit on a sworn account brought by the plaintiff W. O. Frazier, d/b/a Frazier Construction Company against the defendant Mrs. R. F. Winston. The plaintiff moved for summary judgment. The defendant answered the summary judgment and attached two sworn affidavits. Upon a hearing the trial judge granted the summary judgment of the plaintiff. The defendant appeals.

The defendant presents two points of error. First, she contends that oral testimony was taken during the hearing on the motion for summary judgment and second, that her affidavits attached to her…