Harris v. Barber

On the Merits

The security for cost of appeal 'having been given as required by statute, we consider the question presented by the submission on the merits.

The appellamt in the cause withdraws his motion for writ of mandamus and dismisses said motion. Hence that petition is not before us for consideration.

The question of. overruling appellant Harris’s demurrer to appellee Barber’s motion to strike, appellant’s, motion for a summary judgment against appellee as amended is presented by assignments of error. A motion for summary judgment, under the statute (§ 10226 et seq., Code) serves the…