(DOWNLOAD) "State V. Midkiff" by Hawaii Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Midkiff
- Author : Hawaii Supreme Court
- Release Date : January 05, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
A summary judgment is analogous to a directed verdict. 6 Moore, Federal Practice, § 56.04(2), at 2044 (2d ed.). If the court is satisfied that it has the complete facts and that there is no question of credibility, it may grant a summary judgment. Wier v. Texas Co., 180 F.2d 465, 469 (5th Cir.); National Dynamics Corp. v. Petersen Publishing Co., 185 F. Supp. 573, 576 (S.D.N.Y.). The burden of marshalling a record making the required showing is on the defendants as movants, though plaintiff would have the burden of proof at trial. Mossman v. Hawaiian Trust Co., 45 Haw. 1, 9-10, 361 P.2d 374; 6 Moore, Federal Practice, § 56.15(3) (2d ed., rev. 1965). Thus the question is whether defendants have succeeded in proving that if the case went to trial there would be no issue for the jury. Mossman v. Hawaiian Trust Co., supra.
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