Gorodetzer v. Kraft

The plaintiff has appealed from an order of the Superior Court dismissing his action in tort for libel. The trial judge properly treated the motion to dismiss as a demurrer since it was a demurrer in substance, if not in form. See Del Grosso v. Board of Appeal of Revere, 330 Mass. 29, 31, and cases cited; Harkey v. Superintendent, Mass. Correctional Inst. Norfolk, 356 Mass. 722; Mottla, Civil Practice (3d ed.) §§ 256, 338. The sole question before us is whether the trial judge properly concluded that the plaintiff’s declaration presents a “religious controversy” in which our courts will not…