Hammond-Knowlton v. Hartford-Connecticut Trust Co. of Hartford, Conn.

THOMAS, District Judge.

This matter is now before the Court on motions by the defendant to dismiss the amended complaint, the first of which motion was filed on July 1, 1938, and the second on December 6, 1938. In the brief of the defendant submitted in this matter, it is stated that a further motion was made on the hearing held on November 25, 1938, to have the motion to dismiss considered under Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C,A. following section 723c.

Federal Rules of Civil Procedure No. 7 (b)(1) provides that an application for an order shall be by motion made in…