Legal Opinion

Bagley v. Firestone Tire & Rubber Company

Court of Appeals of Georgia

Decided October 17, 1961No. 38913PublishedCited by 58 opinions

1Opinion of the Court

Frankum, Judge.

The sole question for determination in this case is whether the court erred in granting a summary judgment. Unlike the construction taken of a petition when ruling upon a general demurrer, the pleadings will be construed favorably toward the pleader when ruling upon a motion for summary judgment by a defendant against a plaintiff. Likewise, all inferences from the evidence introduced (if any) will be interpreted favorably toward making ah issue of fact. See Caldwell v. Mayor &c. of Savannah, 101 Ga. App. 683 (115 SE2d 403); Scales v. Peevy, 103 Ga. App. 42 (118 SE2d 193). The…

2Cases cited17 opinions

  1. Scales v. PeevyCourt of Appeals of Georgia · 1961
  2. Brown v. Ragsdale Motor Co.Court of Appeals of Georgia · 1941
  3. Livingston S. Hiern v. St. Paul-Mercury Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1959
  4. Northwestern Life Insurance v. MontgomerySupreme Court of Georgia · 1902
  5. Alpha Kappa PSI Building Corp. v. KennedyCourt of Appeals of Georgia · 1954

12 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. McCarty v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1962
  2. Raven v. Dodd's Auto Sales & Service, Inc.Court of Appeals of Georgia · 1968
  3. Watkins v. Nationwide Mutual Fire InsuranceCourt of Appeals of Georgia · 1966
  4. Fletcher v. Amax, Inc.Court of Appeals of Georgia · 1981
  5. Lewis v. Citizens & Southern National BankCourt of Appeals of Georgia · 1976

53 more not listed; retrieve them via the Exa API.

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