Sarasota County v. American Surety Co.

BRYAN, Circuit Judge.

The American Surety Company, a New York corporation, sued Sarasota county, a county in Florida,- for money had and received under circumstances set forth at length in its declaration. The county demurred on the ground that it was not suable in the federal District Court; and, its demurrer having- been overruled, filed a plea, in which it did not deny, and therefore admitted, the facts as alleged by the surety company, but in which-it sot out a state of facts in confession and avoidance. On the surety’s motion, the District Judge struck this plea as being “frivolous and…