Elder v. Smith

Evans, Judge.

The purpose of the summary judgment is not to by-pass a jury trial but to eliminate the necessity therefor when there is no genuine issue of fact, and the moving party is entitled to a judgment as a matter of law. Holland v. Sanfax Corp., 106 Ga. App. 1 (126 SE2d 442); Caldwell v. Gregory, 120 Ga. App. 536 (171 SE2d 671); Connors v. City Council of Augusta, 120 Ga. App. 499 (171 SE2d 578). It enables the trial judge to filter out the sham issues in order to avoid needless and time-consuming litigation. But any doubt as to the existence of an issue is resolved against the movant.…