Burnette Ford, Inc. v. Hayes
Decision Date | 06 May 1971 |
Docket Number | No. 26429,26429 |
Parties | BURNETTE FORD, INC. v. W. A. HAYES et al. |
Court | Georgia Supreme Court |
Robert E. Corry, Jr., Atlanta, for appellant.
Warren N. Coppedge, Jr., John T. Minor, III, Stafford R. Brooke, Dalton, for appellees.
Syllabus Opinion by the Court
The Court of Appeals has certified for answer by the Supreme Court, the following question: 'Where a party to a case, upon whom the durden (sic) of proof upon the trial of the case does not lie, makes a motion for summary judgment, is all of the evidence adduced on said motion, including the testimony of the party opposing the motion, construed most strongly against the movant?'
In Lampkin v. Edwards, 222 Ga. 288, 149 S.E.2d 708, where both parties made motions for summary judgment, this court said: 'The testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him and he is not entitled to a finding in his favor if that version of his testimony the most unfavorable to him shows that the verdict should be against him.'
In Ryder v. Schreeder, 224 Ga. 382, 162 S.E.2d 375, where both parties made motions for a summary judgment, this court said that while 'the testimony of a party offering himself as a witness in his own behalf is to be construed most strongly against him when it is contradictory, vague, or equivocal * * *'
6 Moore's Federal Practice, § 56.15(3) p. 2342.
In the case of Word v. Henderson, 110 Ga.App. 780, 140 S.E.2d 92, the defendant, not seeking any affirmative relief, filed a motion for a summary judgment. The court affirmed the grant of a summary judgment in favor of the defendant doctor. In his dissenting opinion, concurred in...
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...[she] has sworn. If [she] has discovered error, it can be explained in [her] affidavit.' [Id.] at 523 .... Burnette Ford[, Inc.] v. Hayes, [227 Ga. 551, 181 S.E.2d 866 (1971) ], states the general rule that on motion for summary judgment all evidence is to be construed against the movant.........
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...plaintiff and as this appeal involves the denial of summary judgment the inferences must be in the plaintiff's favor. Burnette Ford v. Hayes, 227 Ga. 551, 181 S.E.2d 866. In deciding the case two elements must be considered. The first is the status of the children; the second the degree of ......
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