Watkins v. Nationwide Mutual Fire Insurance

Bell, Presiding Judge.

In no sense does the Summary Judgment Act authorize the courts to sit as both judge and jury. General Gas Corp. v. Carn, 103 Ga. App. 542, 545 (120 SE2d 156); Davis v. Holt, 105 Ga. App. 125, 130 (123 SE2d 686). On motion for summary judgment the court is not authorized to try and resolve issues of fact; the function of the court, and its only authorized function under this procedure, is to determine the existence of a genuine issue of material fact. Code Ann. § 110-1203; Bagley v. Firestone Tire &c. Co., 104 Ga. App. 736, 739 (123 SE2d 179); Dewey v. Clark, 180 F2d 766,…