PER CURIAM.
In the petition to rehear the plaintiff contended this Court committed error in ordering the action dismissed. The reason assigned is that the motion to dismiss was not passed on by the superior court and not the subject of an exceptive assignment here.
This Court's decision was based on the view that the plaintiff stated a defective cause of action which the Court had the power to dismiss ex mero motu. "If the cause of action, as stated...
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