Graham v. Northwestern Bank

MALLARD, Chief Judge.

In the judgment entered by Judge Gambill herein there appears, among other things, a conclusion as a matter of law “That there is no genuine issue as to any material fact and the defendant is entitled to Summary Judgment as a matter of law.” We hold that this judgment, although it does not contain language expressly doing so and was inexpertly prepared, was sufficient to dismiss the case upon defendant’s motion for summary judgment, and that plaintiff had the right to appeal therefrom.

On the hearing of a motion for summary judgment, it is not the duty of the court to…