Montgomery v. Pickle

Erankum, Judge.

1. Where in a trover action for described personal property, the defendants made a motion for a summary judgment based on the deposition of the plaintiff and the pleadings on file in the case, the burden was on the movants to show that they were entitled to a judgment as a matter of law and that there was no genuine issue of fact to be decided by a jury. Code Ann. Ch. 110-12; Motorola &c. Electronics v. South Ga. &c. Co., 104 Ga. App. 376, 382 (121 SE2d 672).

2. The purpose of a motion for a summary judgment is to eliminate a jury trial where it would be unnecessary; and where…