U.S. Circuit Court for the District of Middle Pennsylvania June 6, 1908, No. 36 (American Sulphite Pulp Co. v. Bayless Pulp & Paper Co.)

ARCHBAFD, District Judge.

“The cautious practitioner,” says Mr. Foster (1 Foster’s Fed. Pract. § 143), “will act wisely in eschewing the use of pleas, unless he desires to plead matter in abatement, or in extraordinary cases; for it is as true now as in the time of Beames [Beames on Pleas, 61] that the subject of pleas in equity is one ‘concerning which so much remains to be elucidated, that it