TIREY, Justice.
The appellant (plaintiff below) has perfected his appeal from a summary judgment rendered against him and in behalf of the appellee. The judgment is assailed on two points. They are substantially to the effect: (1) that it was error to grant a summary judgment because there was an issue of fact and the summary judgment deprived the appellant of a trial by jury; and (2) that the court erred in refusing to allow appellant to file a counter affidavit...
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