McCARTY v. NATIONAL LIFE &c. INS. CO.

39629.

107 Ga. App. 178 (1962)

129 S.E.2d 408

McCARTY v. NATIONAL LIFE & ACCIDENT INSURANCE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied December 19, 1962.


Attorney(s) appearing for the Case

Turner, Brock & Tisdale, Edward T. Brock, for plaintiff in error.

Buchanan, Edenfield & Sizemore, Newell Edenfield, William H. Major, contra.

Nolan B. Harmon, amicus curiae.


HALL, Judge.

1. The trial court's function in ruling on a motion for summary judgment is analogous to the function he performs when ruling on a motion for directed verdict. 6 Moore's Federal Practice 2101, § 56.15; 2020, § 56.02 [10]. "The essence of both motions is that there is no genuine issue of material fact to be resolved by the trier of the facts, and that the movant is entitled to judgment on the law applicable to the established facts." 6 Moore...

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