Ritter v. Brengle

HOBSON, Judge.

This appeal is from a final summary judgment entered in favor of the appellee, defendant below. Leffie H. Ritter was declared incompetent prior to the filing of the complaint in the lower court and L. W. Ritter was appointed as his guardian, thereafter filing suit in such capacity. At the time the complaint was filed David Brengle was named defendant but subsequently was killed in an automobile accident and the appellee herein was substituted as defendant in the court below.

The final summary judgment was based upon the pleadings, affidavits and depositions of Officer Moore and…