Beagle v. Northern Pac. Ry. Co.

.BOWEN, District Judge.

This is a law action, commenced in the state court and removed here, to recover damages for personal injuries for negligence, in which defendant pleaded among other things a release, and plaintiff replied that the release was procured by fraud. Defendant moves to have the issue of fraudulent release tried by the court without a jury as in equity separately from and before the other .issues at law are tried.

In the practice under the Code pleading of this state, it has long been approved procedure for plaintiff in this kind of a law action to allege by reply that the…