Allied Concord Financial Corp. v. Hawkeye Lumber Co.

SNELL, Justice.

Plaintiff, Allied Concord Financial Corporation, appealed from trial court’s rulings overruling plaintiff’s motion for Summary Judgment and sustaining defendant’s Motion to Dismiss.

The rulings complained of were made before any pleading by defendant.

A motion is not a pleading. Rule 69, Rules of Civil Procedure.

The merits of the case are not before us for determination and we express no opinion thereon. Our consideration is limited to the sufficiency of the petition and the two motions.

The briefs and arguments of the parties assume and argue evidentiary matter outside the matter…