City of Austin v. Puett

I do not agree with the holding of the majority and will express my views.

Rule 166-A(e), Texas Rules of Civil Procedure, provides that affidavits supporting or opposing motions for summary judgment shall be made on personal knowledge, they shall set forth such facts as would be admissible in evidence and shall affirmatively show that the affiant is competent to testify to the matters stated by him.

In order for one to be entitled to the benefits of the rule all of the provisions thereof must be complied with. Tobin v. Garcia, Tex., 316 S.W.2d 396.

It is the general rule that an affidavit which…