BLACK, J. (dissenting).
This case presents an oftmooted 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...
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