Legal Opinion

McCarty v. National Life & Accident Insurance

Court of Appeals of Georgia

Decided December 3, 1962No. 39629PublishedCited by 211 opinions

1Opinion of the Court

Hall, Judge.

The trial court’s function in ruling on a motion for summary judgment is analogous to the function he performs when ruling on a motion for directed verdict. 6 Moore’s Federal Practice 2101, '§ 56.15; 2020, § 56.02 [10]. “The essence of both motions is that there is no genuine issue of material fact to be resolved by the trier of the facts, and that the movant is entitled to judgment on the law applicable to the established facts.” 6 Moore’s Federal Practice 2032, § 56.04 [2]. The burden of demonstrating this lack of a substantial issue is upon the moving party in a motion for…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
  3. Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
  4. Brown v. MatthewsSupreme Court of Georgia · 1887
  5. Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907

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3Cited by211 opinions

  1. Burnette Ford, Inc. v. HayesSupreme Court of Georgia · 1971
  2. Chandler v. GatelyCourt of Appeals of Georgia · 1969
  3. Saunders v. VikersCourt of Appeals of Georgia · 1967
  4. Mattox v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 1991
  5. Colonial Stores, Inc. v. TurnerCourt of Appeals of Georgia · 1968

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

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