Daniel v. O'KELLEY
Supreme Court of Georgia
1Opinion of the Court
Felton, Justice.
1. The complaint in this case stated a claim upon which relief might be granted and the facts shown by the record would have authorized a finding for the plaintiff by a jury trying the case under the evidence presented by both sides which involved issues of fact arising from the facts involving the credibility of witnesses and circumstances shown. Such issues may not be resolved on a motion for a summary judgment. For authority for the claim of the plaintiff in this case, see Crawford v. Wilson, 139 Ga. 654 (1) (78 SE 30, 44 LRA (NS) 773): "A parol obligation by a person to…
2Cases cited3 opinions
- Crawford v. WilsonSupreme Court of Georgia · 1913
- Glendinning v. McComasSupreme Court of Georgia · 1939
- Tidwell v. GarrickSupreme Court of Georgia · 1919
3Cited by5 opinions
- Jordan v. AilstockSupreme Court of Georgia · 1973
- In Re Estate of MasonCourt of Appeals of South Carolina · 1986
- Tucker v. DimpflCourt of Appeals of Georgia · 1977
- Melear v. MelearCourt of Appeals of Georgia · 1979
- United Building Supply, Inc. v. Atlanta Dry Wall Co.Supreme Court of Georgia · 1974