BARNS, Justice.
This cause came on before the trial court to be heard upon a motion by defendant, Howard Studstill, for summary judgment in his favor. Studstill was a co-defendant with Carl Townsend. The motion was granted and the plaintiff-appellant appeals from this judgment of dismissal in favor of defendant, Studstill. In this we find error.
Facts.
The suit is one at law sounding in tort growing out of an automobile accident. Some of the affidavits...
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