State Ex Rel. Mitchell v. Wolcott

Richards, C. J.:

The first and second reasons relied upon are based upon Rule 56 of the Superior Court and will be considered together.

Section (b) of Rule 56 which is applicable to this case provides: “A party against whom a claim, counterclaim or cross-claim is asserted may at any time prior to 10 days before the date set for trial, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof, subject to the provisions of Rule 56(bb)”. Section (bb) has no bearing upon the question now before the Court.

It is contended on behalf of the relators…