Conyne v. McGibbon

Defendant moves under rule 113 of the Rules of Civil Practice for an order “directing that judgment he entered herein dismissing the complaint on the ground that the action has no merit, and that the plaintiff is not the real party in interest to, and has no right, title or interest in the property of Florence L. Conyne, and for such other and further relief as to this Court may seem just and proper.”

Rule 113 provides, obviously, a drastic remedy; one seeking its relief must bring himself clearly within the provisions of the rule.

*55Defendant’s ground for relief under that rule, if any, is found…