Geiger v. First-Troy Nat. Bank & Trust Co. of Troy

HICKS, Circuit Judge.

A motion to dismiss the amended bill was sustained, and plaintiff appealed. The point of the motion is that the facts as stated in the amended bill' are not sufficient to entitle the plaintiff to any relief. The matter must be determined upon a consideration of Equity Rule 25, clause 3, making a bill in equity sufficient which “contains a short and simple statement of the ultimate facts upon which the plaintiff asks relief,” and that portion of Equity Rule 29 requiring that “every defense in point of law arising upon the face of the bill * * * for * * * insufficiency of…