Robbins v. Smith

These issues are presented on appeal:(1) Whether the action, a suit on a promissory note, was barred because it had previously been litigated by the same parties, or because the issue presented in this action could have been litigated in a prior proceeding.(2) Whether an affidavit filed in support of the plaintiff's motion for summary judgment in this cause complied with the requirements of Rule 56 (e), Ala.R.Civ.P.(3) Whether the trial judge abused his discretion in refusing to grant the defendant's request for a continuance to allow him to secure affidavits in opposition to the motion for…