Ball v. Bank of Bay Biscayne

RITTER, District Judge.

This cause comes on for hearing upon the motion to dismiss and an additional motion, each filed by the defendants, and upon a motion to strike said motion to dismiss filed by the complainant. Argument of counsel has been heard by the court, and careful consideration of the questions involved has been given by the court.

The motions presented are predicated upon section 37 of the Judicial Code of the United States (28 USCA § 80), which provides;

“If in any suit commenced in a district court, or removed from a State court to a district court of the United States, it shall…