Rose v. Wertheimer

This is an appeal from a summary judgment of dismissal granted defendant under GCR 1963,117. Plaintiff filed a 2 count complaint against his mother-in-law. The first count alleged an action for alienation of affections, the second alleged a cause of action based upon fraud.

There can be no question but that the summary judgment on count 1 was proper, as CLS 1961, § 600.2901 (Stat Ann 1962 Rev § 27A.2901) specifically provides that causes of action for alienation of affections of any person are abolished. Miller v. Kretsch-mer (1965), 374 Mich 459.

The allegations set forth in count 2 of…