[Download] "Williams v. Board Public Instruction Flagler County Et Al. V." by Supreme Court of Florida ~ eBook PDF Kindle ePub Free
eBook details
- Title: Williams v. Board Public Instruction Flagler County Et Al. V.
- Author : Supreme Court of Florida
- Release Date : January 24, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
FABISINSKI, Associate Justice. The only substantial question raised by this appeal is whether the affidavits offered in support of a motion for summary judgment, on the one hand, and the deposition of the plaintiff (appellant) taken at the instance of the movant, on the other, raise an issue of fact which would justify the submission of the cause to a jury. We consider it as settled that in passing upon a motion for summary judgment requiring an evaluation of the facts, neither the court below, nor this court, is permitted to pass upon the credibility of the witnesses or the comparative weight of the evidence where, as in this case, a jury trial has been demanded.