The opinion of the court was delivered by CLAPP, S.J.A.D.
The plaintiff brought this action against the Board of Health of the Town of Morristown and the Mayor and Board of Aldermen of the Town of Morristown. On motion of the town the action was dismissed as against it, and the plaintiff appeals from the order of dismissal. The suit is still pending as against the board of health.
It is urged that the appeal is improper. We agree, but not for the reasons advanced...
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