Hamlin v. McAlpin Co.

The plaintiff urges three grounds for his position that the judgment of the Court of Appeals should be reversed.

The first ground is that a motion for summary judgment may not be entertained as to a ease that was pending prior to the effective date of the summary-judgment statute (Section *5192311.041, Revised Code). The summary-judgment statute became effective on November 9, 1959. This cause was instituted on July 23, 1959.

The plaintiff, however, did not raise this issue in the trial court or in the Court of Appeals. In fact, the first time this issue was raised by the plaintiff was in his…