Bank of Waverly v. City Bank & Trust Co.

SWOFFORD, Judge.

This is an appeal from a judgment in the court below sustaining defendant’s motion for summary judgment and entering judgment thereon. The case was decided upon the plaintiff’s petition, documents made a part thereof, request for admissions and answers thereto, motions for summary judgment (filed by both parties), and affi davits in support thereof, and interrogatories and interrogatory answers. The court below based upon the record thus made ruled that the plaintiff’s petition failed to state a claim upon which relief could be granted and that there was no genuine issue as to…