FESS, J.
This is an appeal on questions of law from a judgment of the Common Pleas Court dismissing plaintiff's petition after sustaining a demurrer thereto.
Plaintiff brought her action against the defendant for assault and battery, in which she alleged, inter alia:
"Plaintiff previously commenced the within cause of action by virtue of a petition filed in the within court on February 11, 1955, * * * upon which service of process was duly effected...
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