Shepard v. Wheaton

1 Citing case

  1. Tansey v. Robinson

    24 Ill. App. 2d 227 (Ill. App. Ct. 1960)   Cited 46 times
    Involving a plaintiff who was injured when the car in which she was seated was struck by a truck driven by a man hired to make deliveries for the defendant

    Only well pleaded facts as a defense to an action are taken to be admitted and not defendant's conclusions therefrom. Walker v. Woods, 334 Ill. App. 619, 79 N.E.2d 533 (1948) (memorandum decision); Shepard v. Wheaton, 325 Ill. App. 269, 60 N.E.2d 47 (1945). Defendant must show facts entitling it to summary judgment, even if the opposing affidavit is itself insufficient.