Perry v. Green

LAVENDER, Justice.

This appeal, by the plaintiff in an action against the defendant in error herein, as the defendant, for damages resulting from alleged negligence on the part of the defendant, involves an order of the district court sustaining the defendant’s motion for summary judgment.

Summary judgment is provided for in Rule 13 of the rules of this court for the district courts of this state. Insofar as pertinent herein, that rule (divided herein for easier reading) provides:

“A party may move for judgment in his favor where the deposition (s), admission (s), answers to interrogatories and…