Herring v. Pepsi Cola Bottling Co.

Bell, Presiding Judge.

The record in this case discloses that certain depositions filed in the office of the clerk of the superior court were not introduced as evidence in the hearing upon defendant's motion for summary judgment. Not having been offered, obviously these depositions were not in evidence in the summary judgment hearing and cannot now be made a part of the record on appeal. Plaintiff’s motion asking this court to complete the record by ordering the depositions transmitted to this court is denied.

Where there is no genuine issue as to a material fact, a summary judgment may be…