Stoddard v. Morrin

BAILEY, Justice.

Certain of the defendants have moved to dismiss the complaint upon the grounds:

1. That the complaint fails to state a cause of action; 2, that the same claim has been adjudicated in another action brought in this court; and 3, that in the same action judgment was entered in favor of the defendants. An affidavit supporting these facts has been filed as a part of the motion.

The question to be determined as to the 2nd and 3rd grounds of the motion is whether a motion to dismiss based on grounds not appearing on the complaint will lie. Rule 12(b) of the Rules of Civil Procedure,…