Hiers v. Detroit Superintendent of Schools

I cannot agree either that this is an appropriate case for summary treatment or that plaintiffs’ complaint fails to state a case upon which relief can be granted. Summary motion and summary grant thereof may be the easiest way to dispose of cases, yet the traditional day in court remains the only way to provide precisely what all courts are sworn to uphold, that is, due process of law.

Unless equity jurisprudence was destroyed by the recent “merger” (see CLS 1961, § 600.223 [Stat Ann 1962 Rev § 27A.223]; GCR 1963, 12), and I am yet hopeful it was not, this was and yet remains an equity case.…