Stein v. Schmitz

Woebee, 0. C. J.

This matter comes before me on a motion to strike the complaint on the grounds that:

1. It is sham;

2. It is frivolous (sic) ;

3. It does not set out a cause of action;

4. It is against public policy.

At the same time there was a counter-motion on behalf of the plaintiff to expunge from the record the affidavit of William Schmitz on the ground that it violated the rules of the court in that it makes statements based on hearsay, states conclusions and characterizations, and fails to set forth facts in support of the motion, and further, that the notice of motion should be stricken…