Alker v. United States

BYERS, District Judge.

Motion to dismiss the pleading filed by the plaintiffs herein, which, by them, is called a petition, and in the notice of motion is called the complaint, upon the ground that the same fails to state faets which constitute a cause of action.

No answer has been filed, and the motion therefore presente, in effect, a demurrer, now provided for in the New York state practice by a motion for judgment on the pleadings when no issue of fact is presented. The absence of an answer herein will be assumed to represent, on the part of the government, an admission of the facts as…