
    ELLEN L. PROCTOR and JAMES C. PROCTOR vs. JOHN F. WEIGOLD, ET AL.
    Superior Court Fairfield County
    File #33805
    #33349
    Present: Hon. NEWELL JENNINGS, Judge.
    Louis M. Altman, Attorney for the Plaintiffs.
    Walsh 6? Buckley, Attorneys for the Defendants.
    MEMORANDUM FILED APRIL 27, 1937.
   JENNINGS, J.

To the original complaints sounding in negligence, the plaintiff seeks to add by amendment a second count. The proposed amendment prays for the setting aside of a conveyance for fraud on the plaintiff. The propriety of including such a count in this suit is questioned by the defendants. This raises an issue of law which may not be decided on a motion to amend but should be squarely raised by demurrer.

Newman vs. Golden, 108 Conn. 676, 679.

Smith vs. Furness, 117 Conn. 97, 100.

The motions to amend are granted.  