Suwannee Steamship Co. v. United States

Re, Judge:

Defendant has moved under rule 4.7(b) (2) to dismiss this action for lack of jurisdiction over the subject matter.

Rule 4.7 (b) (2) of the rules of this court provides:

“(b) Defenses: How Presented: The following defenses may be made by a motion to dismiss: * * * (2) lack of jurisdiction of the subject matter; * * *. A motion making any of these defenses may be made before answer.”

It is noted at the outset that, when read together with rules 4.4 through 4.7, it might appear that the jurisdictional defense pleaded may be raised only on a motion to dismiss the complaint, and not on a…