Winberry v. Salisbury

The opinion of the court was delivered by

Vanderbilt, C. J.

The plaintiff brought suit in the Superior Court to expunge an alleged libel on him from a report *243of a grand jury on file with the county clerk of Middlesex County. The defendant Salisbury moved for summary judgment on the ground, among others, that the complaint did not state a cause of action and his motion was granted on May 25, 1949. Cn June 11th the trial court of its own motion modified the order for judgment by relieving the plaintiff from the payment of costs, this order being consented to in writing by the attorneys for the…