Cowley v. Train

The question presented by the defendants’ motions to dismiss is whether the full court has jurisdiction of an appeal by the plaintiff from the judgment of a justice of this court, sustaining a demurrer to the declaration in an action of tort.

By the Gen. Sts. c. 129, § 64, every demurrer in an action at law, either in the Superior Court or in this court, may be heard in the first instance by a single justice, and his decision as to the misjoinder of counts is final; “but if the cause of demurrer is that the facts do not in point of law support or answer the action, and the party against whom…