LaPlante v. Johnson

The plaintiff has brought this action against defendant for assault and battery. The defendant makes this motion to dismiss the complaint alleging that a former judgment rendered in Justice Court in which the defendant was plaintiff and plaintiff the defendant, is res judicata. The plaintiff has not filed opposing affidavits so the allegations in defendant’s affidavits are admitted.

*97The defendant, Johnson, commenced' an action against the plaintiff, LaPlante, before a justice of the peace on two causes of action, one for balance due for goods sold and delivered, and the other for damages,…