L. R. Munoz & Co. v. Savannah Sugar Refining Corp.

The plaintiff moves for summary judgment under rule 113 of the Rules of Civil Practice. The pleadings consist of complaint, answer, containing denials, separate defenses and counterclaim, and reply, denying the material allegations of the counterclaim and setting up separate and special defenses to it. The moving affidavit is met with an exhaustive answer on the part of the defendant directly contradicting the assertions of the plaintiff. Taken in conjunction with the pleadings and exhibits it leaves no doubt in my mind that the remedy provided under rule 113 is not applicable.

This rule, new…