Carruthers v. B. C. Christopher & Co.

Mr. PRESIDING JUSTICE EBERSPACHER

dissenting:

The issue on appeal here is whether or not the trial court was correct in granting the motion for summary judgment. The motion was supported by the affidavit of the defendant John Shanks and the depositions of Shanks, Compton and plaintiff. No counter-affidavit was filed by plaintiff. The effect of the failure to file a counter-affidavit was to admit the facts as presented by the affidavit and depositions. In Walsh v. Monumental Life Insurance Co., 46 Ill.App.2d 431, 435, 197 N.E.2d 124, 126, the court pointed out:

“It is true, as contended by…