Mackey v. O'Neal

Herrmann, J.:

The defendants have moved to dismiss the complaint. Their motion was filed pursuant to Rule 12(h) (6)1 and is as follows:

“Defendants, by William H. Bennethum, their attorney, hereby move to dismiss the complaint heretofore filed in the above captioned cause for failure to state a claim upon which relief may be granted.”

The plaintiffs have moved to strike the defendants’ motion upon the ground that it does not comply with Rule 7(b) (1) which requires that a motion “shall state with particularity the grounds therefor”.

The defendants’ motion must be held to be sufficient because it…