McLELLAN, District Judge.
The defendant demurred to each of the two counts in the plaintiff's declaration before the Rules of Civil Procedure went into effect. No objection was interposed to the applicability of the former procedure or to treating the demurrer as the equivalent of the motion to dismiss for which the new rules provide.
The ground of the demurrer to each count is that the matters contained therein are insufficient in law to enable the plaintiff...
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