Flynn

This is an appeal from the judgment.

According to the allegations of the complaint, the plaintiff was injured by the wrongful act of the defendants. In consideration of the sum of $250 the plaintiff released one of the defendants, reserving the right to proceed against the remaining defendants. A judgment of dismissal was entered in favor of the defendant thus released. When the cause came up for trial the court granted a motion to dismiss the action as to the remaining defendants, holding that the release of one of a number of joint tort-feasors was a discharge of all, notwithstanding the stipulation in the instrument of release to the contrary.

The facts of the case, and the decisions in this state applicable thereto, are set forth in an opinion prepared and filed by the learned judge of the trial court. As our consideration of the case leads us to the same conclusions as set forth very clearly in that opinion, we cannot do better than quote it in its entirety:

“This is an action ex delicto brought by plaintiff against the defendant Marsden Hanson, Michael Casey and A. Van der Naillen and other former members of the Board of Public Works, to recover damages alleged to have…