Ellis v. Sinton Savings Association

Appellant’s motion raises various questions relative to the quality of the summary judgment evidence. Among appellant’s contentions is the argument that the opinions and conclusions contained in the affidavits of certain witnesses do not have probative weight, and that we have treated the motion for summary judgment as a general demurrer requiring the appellant to establish all of the elements of its cause of action, even when the element of probable cause was not at issue.

In an action on a motion for summary judgment where the motion is supported by affidavits sufficient on their face to…