Wirges v. Hawkins

Frank Holt, Associate Justice.

The principal issue raised in this appeal is whether the appellant’s complaint is subject to a motion for summary judgment.

The appellant, Gene Wirges, alleged in his complaint that the appellee, Rex Paul, secured a judgment against him in the sum of $11,187.72 in March, 1962, and caused execution to be placed in the hands of appellee, Marlin Hawkins, as sheriff; that notice was given that an execution sale of appellant’s newspaper plant was set for 9 A.M., July 5,1962; that on the day previous to this sale date the appellee and judgment creditor, Rex Paul,…