Tell v. Wolke

We need not consider seriously the order denying the motion for summary judgment. Admittedly the motion was brought to discover whether the district attorney, after the first preliminary examination, had discovered evidence which was not in his possession at the time of the first examination upon which he caused the second complaint and warrant to be issued. The motion served the plaintiff’s purpose and no error is assigned relating to the grounds of the denial of the motion for summary judgment. But if error was committed, it is immaterial as the same question of law which would have been…