United States ex rel. Boyd v. McMurtry

DAWSON, District Judge.

This cause is submitted on the special and general demurrer of the defendants to the petition. There is a very apparent misjoinder of parties, and the petition is perhaps fatally lacking in definiteness as to the acts relied upon to justify'recovery. Aside from these defects, however, the demurrers must be sustained.

Boyd, a private citizen who brings this suit in behalf of the United States and in his own behalf, seeks to sustain his right to maintain this action under sections 231 and 232, title 31 USC A. These sections read as follows :

“§ 231; Any person not in the…