Payless Drug Stores Northwest v. Brown

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a denial on the basis of constitutionality of a statute can be reviewed since such a contention is not aided or defeated by evidence at trial
• denial of motion for summary judgment is appealable and need not be renewed when the motion presents only legal issues
• denial of motion for summary judgment not reviewable unless the motion was based on purely legal issue
• denial of motion for summary judgment is reviewable only if motion is based on purely legal ground, such as facial constitutionality of statute
• order denying summary judgment is not reviewable in context of appeal from final judgment unless the issue before the trial court on summary judgment was purely a question of law
• “If the trial court is in doubt [as to whether there is a disputed issue of material fact] before the trial, there are new occasions for persuading the court when the evidence is in.”

Source: CourtListener parenthetical corpus (CC0).