Howard v. Thomas

Mobley, Justice.

The appeal is from an order dismissing the answer of the appellant, Robert L. Howard, to the equitable complaint of Mrs. Sadie A. Thomas, the appellee. While an order appears in the record granting the motion of the appellant to convert the appellee’s motion to strike the appellant’s answer into a motion for summary judgment, the order appealed from does not deal with the matter as one on summary judgment. On review we can not consider the order as deciding issues it does not purport to deal with, and we must treat it merely as one striking the amended answer of the appellant.

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