MATTHEWS v. WEISS

Gen. No. 10,143.

15 Ill. App.2d 530 (1958)

146 N.E.2d 809

Dale Matthews, Plaintiff-Appellee, v. Robert Weiss, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Released for publication January 20, 1958.


Attorney(s) appearing for the Case

McMillen, Garman & Owen, of Decatur, for defendant-appellant.

Louis L. Mason, and Francis R. Wiley, both of Decatur, for plaintiff-appellee.


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...

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