Jefferson Maintenance Co. v. Detroit Electrotype Co.

Although entitled “motion for summary judgment”, GCR 1963, 117 incorporates not only the former summary judgment court rule1 but also the court rule pertaining to motions to dismiss.2

A motion for summary judgment on the ground that there is no genuine issue as to any material fact is now covered in subdivision (3) of Rule 117.2 (GCR 1963, 117.2(3)). Motions to dismiss for failure to state a claim or valid defense are now covered in subdivisions (1) and (2), respectively, of that rule (GCR 1963, 117.2[1] [2]). So that the respondent to such a motion and the court can know whether it is based…