Hutson v. Long Bell Lumber Co.

OTIS, District Judge.

In the answer filed in each of these consolidated cases is contained the following paragraph: “For a further, separate and distinct defense in point of law arising upon the face of the said amended bill of complaint herein, these defendants say that the facts alleged in said amended bill of complaint are insufficient to constitute a valid cause of action in equity.”

The issue thus made, considered as equivalent to a motion to dismiss, has been presented and submitted upon oral and written argument, and is now for decision.

As to each of the two bills, defendants contend…