Reding v. Texas & P. R. Co.

20 F. Cas. 397, 1880 U.S. App. LEXIS 2880

Opinion

McKENNAN, Circuit Judge.

You had better wait until the pleadings are completed, so that what the defence really is can be seen, and whether there is in fact a defence arising under an act of congress; for the present purpose it is clearly sufficient that the affidavit should simply state that there is such a defence in the words of the act. The rest may be rejected as surplusage. Motion denied.