Cole v. Carson

Citations

• 153 F. 278
• 82 C.C.A. 408
• 1907 U.S. App. LEXIS 4407

Syllabus

<p>Courts — Federal Courts — Adoption of State Practice — Pleading-Jurisdiction — Diversity of Citizenship — Denial by Answer.</p> <p>Rev. St. Mo. 1899, § 596 [Ann. St. 1906, p. 622], provides that the only plea on the part of the defendant is a demurrer or answer. Section 604' declares that the answer shall contain, first, a general or special denial; and second, a statement of any new matter constituting a defense or counterclaim. Section 605 authorizes a defendant to set forth, by answer, as many defenses and counterclaims as he may have. Held, that since the enactment of the conformity act (Rev. St. § 914 [U. S. Comp. St. 1901, p. 684]), it is not necessary for a defendant in a suit in a federal court sitting in Missouri to raise the question of jurisdiction by plea in abatement, but that an answer containing a general denial, etc., was effective to put in issue the allegations of diverse citizenship.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 13, Courts, § 921.</p> <p>Conformity of practice in common law actions to that of state courts, see note to O’Connell v. Reed, 5 C. C. A. 094; Mederland Life Ins. Co. v. Hall, 27 C. C. A. 392.]</p>