Fabrizio v. U. S. Susuki Motor Corp.

The plaintiff appeals from a final decree dismissing a bill of complaint. The final decree entered was based upon the defendant’s motion for “Allowance of Final Decree” accompanied by an “Affidavit of Counsel.” The defendant’s motion and the affidavit of counsel alleged that a prior bill of complaint contained “almost identical . . . prayers for relief . . .” and that “[t]he facts . . . have all been alleged . . . either in a [b]ill of [cjomplaint or the contempt petition” between the same parties; it further alleged that both the prior bill of complaint and a contempt petition were…