Deauville Corp. v. Garden Suburbs Golf & Country Club, Inc.

SIBLEY, Circuit Judge.

The case was disposed of without a trial by a judgment of dismissal with prejudice, from which the plaintiff, Deauville Corporation, appeals.1 The record contains, besides the original complaint and the original answer, a number of motions to amend the answer, affidavits and counter-affidavits concerning a motion by plaintiff for a summary judgment, motions to strike them, to not allow amendments, to intervene, and for new trial. In making his judgment the judge recited that the case was before him on the motion for summary judgment and on all the pending motions, but he…