Andrew Jergens Co. v. Bonded Products Corp.

INCH, District Judge.

This is a motion for an order dismissing the complaint 'and supplemental complaint and directing judgment for defendant. It appears from the record that the complaint herein was duly filed on June 22, 1925, and defendant duly filed its answer on September 15, 1925. Later plaintiff obtained leave to file a supplemental complaint, and on November 6, 1925, such supplemental complaint was filed. *115It is on these pleadings that defendant now makes its motion.

Where a defendant has joined issue without first testing ont the necessity for joining issue, or where either party seeks…