Hebert v. Handy

The rescript which we issued in this case, December 10, 1906, was misunderstood by the Superior Court.

We had before us then the plaintiff’s exception to the decision of that court sustaining the defendant’s substantial demurrer to the declaration. When the bill of exceptions came up for argument it was admitted that the declaration did not state a cause of action, and we overruled the exception and sustained the demurrer and remanded the case for further proceedings.

It appears that after the decision of the Superior Court had been made and entered upon the docket, a subsequent decision had…