NICHOLS, Presiding Judge.
1. "The purpose of the Summary Judgment Act is to afford to either party litigant, upon motion, a judgment forthwith if the record shows there is not a genuine issue existing between the parties, but only after each party has had opportunity to make out his case, or establish his defense, as the case may be, and where, as in this case, if plaintiff in error, at the time of the hearing on the motion for summary judgment had any valid defenses...
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