Smith v. Taylor

Hall, Judge.

This is an action for damages for the alleged illegal foreclosure and sale by the defendants of the plaintiff’s real property. The trial court overruled the defendants’ ■motion for summary judgment, stating in its order that the *390issues presented were not answerable as a matter of law and the case was one for the jury. However, the court, although recognizing “that cases should not be sent up simply as a matter of course,” granted the petition filed by the defendants requesting immediate review.

Argued April 8, 1969 Decided September 24, 1969. Hatcher, Meyerson, Oxford & Irvin,…