Martinez v. Coombs

BERNSTEIN, Chief Justice.

Appellant was plaintiff in a suit for assault and battery, false imprisonment, malicious prosecution, and libel and slander. Plaintiff appeals from a summary judgment for defendant.

Defendant made a motion for summary judgment and subsequently filed affidavits in support of the motion. Although the affidavits were filed two weeks prior to the hearing, plaintiff’s counsel was not served with them until he appeared at the hearing on October 16, 1959. At the hearing and in opposition to the motion, plaintiff’s counsel asked the trial judge to take judicial notice of the…