State Ex Rel. Canale Ex Rel. Hall v. Minimum Salary Department of the African Methodist Episcopal Church, Inc.

OPINION

HUMPHREYS, Justice.

The majority of the Court is of opinion the motion to dismiss incorporates grounds equivalent to a demurrer and so should be treated as before this Court on discretionary appeal. The motion to dismiss is made on the basis of Rule 12.02: (1) that the courts lack jurisdiction of the subject matter; (6) the complaint fails to state a claim upon which relief can be granted; and the complaint fails to join an indispensable party.1 These grounds for the motion to dismiss are equivalent to a demurrer and should be treated as such for purposes of discretionary appeal under §…