Stann v. Ford Motor Co.

This case presents an oft-mooted question of procedure on motion to dismiss. Where at law the declaration on its face states a reasonably-informed cause of action (see Court Rule No 19, § 1 [1945]), or where in equity the bill within its 4 corners exhibits a case cognizable by equity, may 'the court hearing a defendant’s motion to dismiss utilize an ex parte affidavit of the moving party for the purpose of determining the truth or falsity of some pivotal allegation of the attacked pleading? I say “No.” The question recently and correspondingly was before us in Mathews v. United Association,…