Gerard v. Mercer

PRAY, District Judge.

Motions to dismiss the complaint in the above entitled cause on the part of the several defendants therein named are now before the Court for consideration, on briefs submitted by counsel for the respective parties.

Serious questions have been raised and ably presented by counsel for both sides, requiring examination by the Court of many statutes and authorities to determine the merits of the several obj ections to the sufficiency of the complaint to state a claim upon which relief can be granted. Cases embracing similar problems have come before the courts on other…