Vann v. Bice

Quillian, Judge.

The appellant filed a claim against the appellee for $350. The appellee filed an answer and counterclaim. The appellant then filed a motion for summary judgment which was supported by affidavits. The motion was set for a hearing on January 31, 1972. The appellee on January 31, 1972, the date of the hearing, filed an amendment to his answer together with an affidavit in which he stated that he was not indebted to the appellant and had in fact overpaid him in the amount of $77. At the hearing the trial judge on his own motion continued the hearing to "permit defendant (appellee)…