Dewey v. Demos

The issue on appeal is whether the trial court erred in granting respondents’ motion for summary judgment. Respondents’ motion was properly granted if it was supported by the affidavits of persons having knowledge of the facts, which set forth evidentiary facts establishing their cause of action, and if the affidavit of appellant in opposition to the motion failed to raise any issue of fact entitling him to a trial.

Three affidavits were filed in support of respondents’ motion for summary judgment. The affidavit of Albert G. Dewey set forth the nature of the action to foreclose the mortgage…