Southwire Co. v. Metal Equipment Co.

Pannell, Judge.

This case is an appeal from the grant of a

summary judgment in favor of the lien claimant and against the defendants for materials furnished to a subcontractor for the improvement of real estate in the amount of $22,921.07. Held: The record shows service of a motion and rule nisi for summary judgment by plaintiff upon defendant’s attorney. The record further shows a stipulation of facts to be used on the hearing. The claim, made for the first time in this court, that the copies served upon the defendants’ attorney were not filled in as to the time of hearing and for that reason…