Zimmerman v. Farmington Shoe Co.

Treating law defenses set up in the answers as motions to dismiss, the court below entered final decrees dismissing the bills, with costs, res adjudicata, without hearing evidence. These rulings cannot be sustained. In effect, counsel for defendants concede that the most -they are entitled to is dismissals without prejudice, remitting plaintiffs to new suits, better pleaded. They are not entitled even to that support. The only questions calling for brief discussion are laches and multifariousness; the other contentions, if not entirely frivolous, should be dealt with by motions to strike or…