Harrington v. Frye

Quillian, Judge.

Code Ann. § 110-1203 (Ga. L. 1959, p. 234) provides that affidavits opposing a motion for summary judgment may be served prior to the day of the hearing. However, in Simmons v. State Farm &c. Ins. Co., 111 Ga. App. 738 (1) (143 SE2d 55) this court held that under the provisions of Code Ann. § 110-1207 (Ga. L. 1959, pp. 234, 236) it was discretionary with the trial judge whether to strike opposing affidavits even though they were not served prior to the hearing date as required by Code Ann. § 110-1203.

A statute which confers upon a judge discretion to decide questions of…