Ward v. Stroud

TIREY, Justice.

Appellants (plaintiffs below) have perfected their appeal from a summary judgment rendered against them and in behalf of appellees. The judgment is assailed on one point, which is substantially: The trial court committed error in granting appellees’ motion for summary judgment because the pleadings of appellants tendered an issue of fact for the jury’s determination:

Appellees’ reply is to the effect that the trial court did not err in granting their motion because their motion and the attached affidavit and pleadings show that there is no issue as to any material fact in this…