MacArthur v. Miltich

Plaintiff brought suit in 1979, alleging that defendant had perpetrated a fraud upon the court by concealing assets during their divorce trial in 1974. Defendant moved for summary judgment on the ground that plaintiff failed to state a cause of action pursuant to GCR 1963, 117.2(1). Plaintiff appeals from the trial court’s order granting summary judgment for defendant on July 6, 1980.

In her complaint filed November 8, 1979, plaintiff averred that she was informed and believed that defendant had concealed assets in excess of $80,000 during the divorce proceedings. The complaint also stated…