Braughler

This matter arises in connection with an action at law by the plaintiff, who is an alien and a citizen or subject of Sweden. He sues three defendants, two of whom are citizens and residents of the Northern district of the state of California, and a third defendant — the Sacramento Suburban Fruit Lands Company — a corporation organized under the laws of the state of Minnesota.

The Suburban Fruit Lands Company interposed a demurrer to the complaint, and for grounds alleged as follows: “(1) That the court has no jurisdiction of the person of said defendant. (2) That said complaint does not state facts sufficient to constitute a cause of action against this defendant. (3) That said complaint is uncertain in this: that it cannot be ascertained therefrom what defects existed in said land that were injurious or harmful to the growth of fruit trees, or for what reason said land was not adapted therefor, or what is meant by the term ‘commercial quantities/ as used in said complaint, in paragraph VII thereof; why, or for what reason, said land was not capable of producing crops of deciduous fruits.”

Section 24 of the Judicial Code (28 USCA § 41; Comp. St. § 991) provides that “the…