BODREY v. CAPE

44550.

120 Ga. App. 859 (1969)

172 S.E.2d 643

BODREY v. CAPE et al.

Court of Appeals of Georgia.

Decided December 5, 1969.

Rehearing Denied December 19, 1969.


Attorney(s) appearing for the Case

Guy V. Roberts, Jr., for appellant.

Luther U. Bloodworth, T. Coleman Bloodworth, J. Alton Gladin, for appellees.


JORDAN, Presiding Judge.

1. 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...

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