Wilson v. Wilcox Oil Co.
Wilson v. Wilcox Oil Co.
Opinion of the Court
Suit on a note. The appellee filed for summary judgment based upon the pleadings, record and file in the case and the deposition of Richard S. Wilson. The day before the hearing, Wilson filed an amended answer in which he asserted the defense of set-off and attached his affidavit. The record, however, does not contain an answer although Wilson’s counsel claims that he filed one and served a copy on the appellee. He contends that the clerk’s office lost the copy that he filed. Appellee contends that the trial court did not err in granting the motion for summary judgment because the appellant was in default. As there appears to be an issue of fact raised by the
Remanded with direction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.