Brasel v. Myers

DOYLE, Justice.

*116This case has been previously before us and was disposed of on a procedural basis. Brasel v. City of Pierre, 1973, S.D., 211 N.W.2d 846. Any facts set forth in our previous opinion will not. be reiterated herein. Pursuant to the remand of this court, the summary judgment heretofore entered by the trial court has been certified as being a final judgment of that court, and the judgment is now before us on this appeal.

Two questions are presented: (1) Should the trial court have granted Homer Myers’ and Jack Paul Myers’ (Myerses) motion for summary judgment or motion to dismiss,…