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HARRINGTON v. FRYE

43185.

116 Ga. App. 755 (1967)

159 S.E.2d 84

HARRINGTON v. FRYE et al.

Court of Appeals of Georgia.

Decided December 1, 1967.

Attorney(s) appearing for the Case

Cowart, Sapp, Alaimo & Gale, Anthony A. Alaimo, James A. Bishop, for appellant.

Adams & Henry, Q. Robert Henry, for appellees.

QUILLIAN, Judge.

Code Ann. § 110-1203 (Ga. L. 1959, p. 234) provides that affidavits opposing a motion for summary judgment may be served prior to the day of the hearing. However, in Simmons v. State Farm &c. Ins. Co., 111 Ga.App. 738 (1) (143 S.E.2d 55) this court held that under the provisions of Code Ann. § 110-1207 (Ga. L. 1959, pp. 234, 236) it was discretionary with the trial judge whether...

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