McLean v. Oakmont Hosiery Mills
McLean v. Oakmont Hosiery Mills
Opinion of the Court
Oakmont Hosiery Mills brought an action on account against Mrs. Attie Phillips McLean as executrix of the estate of John C. McLean, deceased. Defendant made a motion for summary judgment based upon certain allegations of fact, on none of which proof was offered on motion for summary judgment. The plaintiff introduced affidavits showing the correctness of the account (disregarding those portions of the affidavits relating to transactions with the deceased had by the opposing party). The trial judge overruled the defendant’s motion for summary judgment and the defendant, with proper certificate, appealed to this court. Held:
On motion for summary judgment, the defendant must disprove
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.