Bancroft v. Jagusch

ROONEY, Justice.

Appellant-plaintiff appeals from an order of the district court which affirmed a summary judgment entered in the county court in favor of appellee-defendant.

The only issue presented on appeal is whether there existed a genuine issue as to a material fact so as to make Rule 56(b), W.R.C.P. inapplicable. Since we find that one did not exist, we affirm.

Rule 56(c), W.R.C.P. provides in pertinent part that a summary judgment:

“ * * * shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,…