Etheridge v. Etheridge

MORRIS, Chief Judge.

We will first discuss the questions presented by defendant’s appeal and then we will address plaintiffs’ petition for certiorari.

*48Defendant’s Appeal

Prior to the hearing on plaintiffs’ motion for summary judgment, defendant filed two affidavits for consideration by the court. At the hearing, the court refused to allow them into evidence. Defendant excepted to the ruling as to each affidavit. These exceptions form the basis of his assignment of error No. 1.

The first affidavit was by Doc Horace Etheridge, Jr., and incorporated by reference the averments contained in his…