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POPE v. WATERTOWN

136 Conn. 437 (1950)

RUSSELL H. POPE ET AL. v. TOWN OF WATERTOWN

Supreme Court of Connecticut.

Decided February 28, 1950.

Attorney(s) appearing for the Case

Harry M. Albert, with whom, on the brief, was Michael V. Blansfield, for the appellants (plaintiffs).

Walter W. Smyth, with whom, on the brief, was John H. Cassidy, for the appellee (defendant).

MALTBIE, C. J., BROWN, JENNINGS, DICKENSON and BALDWIN, JS.

DICKENSON, J.

In this action a demurrer to the complaint was sustained, a substitute complaint was filed, a demurrer to this was sustained and judgment for the defendant was entered on motion. The plaintiffs have appealed, assigning error in the sustaining of both demurrers and in the denial by the trial court of a motion to cite in a new party defendant. The voluntary filing of the substitute complaint operated as a withdrawal of the original complaint and that is...

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