Nutter v. Phares

KEITH, Justice.

Defendants have filed their petition for writ of error to review a summary judgment entered by the trial court, and plaintiff has filed a motion to dismiss.

Following service of process on the defendants, an answer was filed on their behalf by W. W. Selman and Dale Harvill, the signature being that of Harvill. Plaintiff served requests for admission on counsel who had answered, but no replies were made nor did counsel seek an extension of time within which to prepare and file answers thereto.

Thereafter, plaintiff filed his motion for summary judgment, the trial court set a date…