220 Ga. 262 | Ga. | 1964
John C. Reddish died intestate on November 30, 1962. He was survived by Marie T. Reddish his widow
The plaintiff moved for a summary judgment on the pleadings. Her motion was granted and the defendant county was directed to pay into the registry of the court for the benefit of the plaintiff and her minor children the sum of $4,250.02. The exception is to that judgment. Held:
Where the pleadings show no genuine issue as to any material fact and that the moving party is entitled to a judgment for the relief sought as a matter of law, the court may, on motion therefor, grant a summary judgment. Code Ann. § 110-1203 (Ga. L. 1953, p. 234). In the instant case the petition affirmatively shows that an account for $4,250.02 which the defendant Wayne County was due John C. Reddish as salary for his service as sheriff was set apart to the plaintiff and her
Judgment affirmed.