Von Knorr v. Miles

WYZANSKI, District Judge.

This case is before the court upon (1) plaintiff’s complaint, as amended April 3, 1945; (2) defendant’s answer of June 26, 1944; (3) an agreed statement of facts filed in open court March 20, 1945; (4) defendant’s affidavit as to his domicile, filed April 25, 1945, which plaintiff’s counsel in open court agreed might be taken as evidence; and (5) defendant’s motion for summary judgment filed March 19, 1945; Defendant also made a motion to dismiss but that is no longer before the court since it has been superseded by defendant’s motion for summary judgment.

The gist of…