MILLER v. WEBB

No. 5630.

38 F.2d 230 (1930)

MILLER v. WEBB.

Circuit Court of Appeals, Fifth Circuit.

February 25, 1930.


Attorney(s) appearing for the Case

G. P. Garrett, of Orlando, Fla., for appellant.

Thomas Palmer and W. B. Dickenson, both of Tampa, Fla., for appellee.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.


FOSTER, Circuit Judge.

In this case appellant, referred to hereafter as plaintiff, brought suit in ejectment in the District Court, basing jurisdiction solely on an alleged federal question. A demurrer to the declaration was overruled, and defendant answered, pleading not guilty, and setting up other defenses to the complaint. On motion, all of the pleas, except that of not guilty, were stricken. Thereafter the jury was waived...

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