Bodrey v. Cape

Jordan, Presiding Judge.

There is the preliminary question of whether the transcript of evidence from the habeas corpus matter could properly be considered in this action on plaintiff’s motion for summary judgment. The trial judge,'in denying plaintiff’s motion, made no reference to what he considered in making his determination.

On motion for summary judgment “[t]he court is authorized to examine proffered materials extraneous to the pleadings, not for the purpose of trying an issue, but to determine whether there is a genuine issue of material fact to be tried.” 6 Moore’s Federal Practice §…