United States v. Charpentier

BYERS, District Judge.

Motion to dismiss an amended bill of complaint in an equity proceeding under USCA title 27, § 34, for abatement of an alleged nuisance, upon the ground that there ifi an insufficiency of fact to constitute a valid cause of action in equity against the defendant.

The said statute in part provides: “ “' * * Such action shall be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine equity eases. * * * ”

Manifestly equity actions in this court are governed by the Equity Rules promulgated by the Supreme Court as of…