Opinion
Opinion filed February 13, 1930.
ACTION OF TORT for violation of a village ordinance in Caledonia County municipal court, before Harry Blodgett, Municipal Judge. Defendant's demurrer to complaint sustained, and complaint adjudged insufficient. Plaintiff was granted leave to amend, and defendant excepted on ground that proposed amendment introduced a new cause of action. Upon filing of amended complaint, defendant moved to dismiss complaint, but motion was overruled, and defendant excepted. In Supreme Court, plaintiff moved to dismiss exceptions, and Exceptions dismissed. On defendant's motion for rehearing and to amend docket entries, Motion overruled.
Shields Conant for the defendant.
Searles, Graves Waterman for the plaintiff.
Present: POWERS, C.J., SLACK, MOULTON, and THOMPSON, JJ.
The same question is presented in this case as was presented in the case of Village of St. Johnsbury v. Dolgin, ante page 424, and the judgment there rendered is determinative of this case. Let the exceptions be dismissed.
ON MOTION FOR REHEARING.
The same question is presented in the motion for rehearing in this case as was presented in the motion for a rehearing in the case of Village of St. Johnsbury v. Dolgin, ante page 424, and the judgment therein rendered is determinative of this case.
Motion overruled. Let full entry be made.