United States v. Smith

DICKINSON, District Judge.

Leave was given to submit briefs, which indeed were invited. They are now before us.

A procedural question is suggested. The United States filed a statement of claim in assumpsit. The defendant interposed a demurrer. The procedural question is how we can hear the case on demurrer in face of the fact that demurrers have been abolished" both 'by the Pennsylvania Practice Act of 1915 (12 P.S. Pa. § 385) and by the New Rules of Civil Procedure (rule 7, 28 U.S.C.A. following section 723c). The" suggested question has not been raised. The question which is raised is really…