Victor Talking Mach. Co. v. Hoschke

169 F. 894, 1909 U.S. App. LEXIS 5490

Opinion

LACOMBE, Circuit Judge.

No good reason is shown why the grounds of demurrer now sought to be interposed could not have been set up in the.first demurrer. A second demurrer will unneces sarily delay the trial. Defendant will be allowed to, set up the objections now presented in the answer, «and the decree pro coniesso will be vacated, so as to allow him to serve such answer within 20 days.

Orders proper to effect this disposition of the cross-motions may be submitted on notice.