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SIMMONS v. STATE FARM &c. INS. CO.

41226, 41227.

111 Ga. App. 736 (1965)

143 S.E.2d 55

SIMMONS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and vice versa.

Court of Appeals of Georgia.

Decided May 24, 1965.

Attorney(s) appearing for the Case

Hatcher, Meyerson, Oxford & Irvin, Henry M. Hatcher, Jr., for plaintiff in error.

Powell, Goldstein, Frazer & Murphy, Edward E. Dorsey, Gregg Loomis, B. Hugh Burgess, C. B. Rogers, contra.

RUSSELL, Judge.

1. Code Ann. § 110-1203 stipulates, as to motions for summary judgment: "The adverse party prior to the day of hearing may serve opposing affidavits." There may be situations where a failure to serve the opposing affidavits prior to the day of hearing will result in the trial court refusing with propriety to allow them to be filed, or situations where the court may allow them to be filed but...

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