Lewis v. United States

27 F. Supp. 894, 1939 U.S. Dist. LEXIS 2741
CourtDistrict Court, E.D. Tennessee
DecidedDecember 15, 1939
DocketNo. 980
StatusPublished
Cited by1 cases

This text of 27 F. Supp. 894 (Lewis v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. United States, 27 F. Supp. 894, 1939 U.S. Dist. LEXIS 2741 (E.D. Tenn. 1939).

Opinion

TAYLOR, District Judge.

For reasons apparent upon the face of the petition, the defendant’s demurrer, treated as a motion to dismiss, will be sustained.

Under settled rules applicable to pleadings, the petition must contain a statement of facts, as distinguished from mere conclusions of the pleader, which show the existence of a cause of action. In suits on contracts of war risk insurance, the pleading should show that the action sought to be maintained is within the consent of the sovereign in every respect, including the statutes limiting the time, within which, after the accrual of the cause of action, suit thereon is maintainable.

If plaintiff has a cause of action, let the petition clearly show it.

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Related

King v. United States
35 F. Supp. 226 (M.D. Pennsylvania, 1940)

Cite This Page — Counsel Stack

Bluebook (online)
27 F. Supp. 894, 1939 U.S. Dist. LEXIS 2741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-united-states-tned-1939.