Deming v. Turner

HOLTZOFF, Justice.

This is an action to remove cloud on title.

The matter came on to be heard on a motion by the plaintiffs and the third- party defendant, entitled “Motion for Summary Judgment on the Pleadings.” It should be observed, however, that motions for summary judgment and motions for judgment on the pleadings are two distinct proceedings. The former are governed by Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. On such an application, the moving party is not limited to the pleadings, but may bring in additional material, such as affidavits,…