Matthews v. Weiss

JUDGE ROETH

delivered the opinion of the court.

Plaintiff filed suit to recover for personal injuries sustained while riding as a passenger in defendant’s automobile. Defendant answered the complaint. Defendant thereafter on March 15, 1957 filed a motion for summary judgment supported by the discovery deposition of the plaintiff. The record reflects that on the same day an order was entered by the presiding judge “that the hearing on motion for summary judgment be and the same is hereby set for March 26, 1957 at 9:00 A.M.” (emphasis supplied) On March 26, 1957 plaintiff obtained leave of court…