Shannon v. Foster

The procedural question presented by the defendants’ motion to remand this case to the superior court prior to a hearing on the merits of the appeal is whether the issues argued by the plaintiff in his brief have been properly raised for adj udication. After reading the plaintiff’s brief which was submitted to this court on April 25, 1975, the defendants moved to remand the case to the superior court, alleging that the “issues raised by the plaintiff were not appropriate issues for appeal based upon the matters litigated before the superior court.” A hearing on the defendants’ motion to…