Steele v. Johnson

In a well-considered memorandum opinion, the trial judge wrote:

Neither by treating the matter as a motion for summary judgment on the pleadings under Rule 12 (c), nor as a motion for summary judgment under Rule 56, could the plaintiff by any theory prevail. Plaintiff did not state a cause of action and the matters alleged are not ones subject to judicial relief.

Plaintiff appeals from a judgment dismissing his action with prejudice. His assignments of error present one issue: does his complaint, supplemented by the record available for consideration on motion for summary judgment or for…