Automobile Club Ins. v. Davis

The plaintiffs, having filed a petition (now denominated “complaint”) against the defendant seeking the sum of $393.71 for damages arising out of the defendant’s negligence in the operation of his automobile, which negligence proximately caused the plaintiff’s damages in the aforesaid sum of $393.71, have now, subsequent to the expiration of the time for the defendant to file a responsive pleading, answer or motion, and yet without his having filed for a default judgment, filed a motion for summary judgment on both the issues of liability and that of the amount of damages, claiming that there…