Jones v. Willoughby

On Motion For Rehearing.

PRICE, Chief Justice.

It must be elementary that where the trial court on an unverified motion for summary judgment enters a judgment in favor of the movant on the record, which then consists only of the pleadings of the parties, the appellate court has exactly the same matter before it that the trial court had.

In this case this court took into consideration the judgment in cause No. 2525 for the reason that this court considered the judgment in said cause part of the pleadings. It is apparent from the plaintiff’s petition that plaintiff sought to make such judgment a…