United States v. Rubin
District Court, E.D. Pennsylvania
At Law. Assumpsit by the United States against Simon Rubin and another. On hearing at trial without a jury.
1Opinion of the Court
DICKINSON, District Judge.
[1] This case is before the court a second time. The question now raised was presented on a rule for judgment for want of a sufficient affidavit of defense. This was the equivalent to all practical intents and purposes of a demurrer, and introduced, together with the legal merits of the question involved, a question of practice. It seemed to be the better practice to refuse judgment, and let the question be raised as a trial question. Such a practice has at least this merit: It saves the possibility of the same question being presented a second time to the appellate…
2Cases cited7 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Illinois Surety Co. v. United StatesCourt of Appeals for the Second Circuit · 1916
- Brooks v. City of WichitaCourt of Appeals for the Eighth Circuit · 1902
- Coca-Cola Co. v. J. G. Butler & SonsDistrict Court, E.D. Arkansas · 1916
- Illinois Surety Co. v. United StatesCourt of Appeals for the Second Circuit · 1916
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3Cited by3 opinions
- United States v. WandmakerCourt of Appeals for the Eighth Circuit · 1923
- Hughes v. United States ex rel. LicataCourt of Appeals for the Third Circuit · 1924
- Porto Rico v. American Surety Co.District Court, D. Puerto Rico · 1917