v0813-99

t

No. 2259

IN THE

United States Circuit Court of Appeals

For the Ninth Circuit

THE ARIZONA AND

NEW MEXICO RAIL-

WAY COMPANY,

Plaintiff in Error,

vs.

THOMAS P. CLARK,

Defendant in Error.

SUPPLEMENTAL BRIEF OF PLAINTIFF IN ERROR

Tor convenience and brevity the (Plaintiff in

Error) will be herein designated as defendant and

the (Defendant in Error) as plaintiff.

In reply to the contention of plaintiff on page 6

of his brief "that a sufficient answer to such conten-

tion is that the demurrers and motions are not in the

bill of exceptions and cannot be considered:" Say

it is not necessary for the Appellate Court to review

the decision of the lower Court on the pleadings, that

the pleadings should be embodied in the bill of excep-

tions. It is sufficient if the pleadings and the rulings

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archive.org Volume Name: govuscourtsca9briefs0813

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