14 F. Cas. 413
U.S. District Court
Decided June 15, 1853
U.S. District Court · decided 1853-06-15
<p>Case No. 7,735.</p> <p>Pleading in Equity — Demurkek to Bill— Grounds of Demurrer.</p> <p>1. A demurrer, to a bill praying an injunction, must be decided, before a motion for the injunction can be heard.</p> <p>2. A defective allegation of citizenship is a good ground of demurrer.</p> <p>3. The court gave leave to amend the bill, and also time to the defendant to put in a voluntary answer, and file affidavits.</p>
Decided 1853-06-15
¶1OPINION OF
¶2This is a bill praying an injunction, to which a demurrer was filed. The demurrer of course must be decided, before a motion for the injunction can be heard. There is no sufficient averment of the citizenship of the complainant, and this being apparent on the face of the bill, the demurrer is sustained. Leave was given to amend the bill.
¶3THE COURT gave time to the defendants [Driggs & Cargill] to put in a voluntary, answer, and to file affidavits.