Van Horn v. Chicago Roller Skate Co.

LA BUY, District Judge.

Plaintiff herein has filed a motion for a more definite statement as to defend-, ant’s First Defense. Said First Defense alleges the complaint fails td state a claim in either count thereof against these defendants upon which relief can be granted.

It is clear that plaintiff’s choice of motion to accomplish what he desires is improper. A motion for a more definite statement will lie only where the moving party is required or permitted' to file a responsive pleading. Rule 12(b), Federal Rules of Civil Procedure, 28 U. S.C.A. The procedural device to test the sufficiency…