Page:Federal Reporter, 1st Series, Volume 4.djvu/51

 BEOWN V. M. A 0. E. 00. ���37 ���of a declaration on the counter claim, T. & S- Code, §§ 29Ï8, 2932, 2940; i^Mey v. Buchanan, 2 Swan, 565, 558. �The case sbould, therefore, be re-instated on the trial docket, and proceed on the plea of set-oflf as iî the defendant were the plaintiiï; but the order diBmissiïig'theplaintiff'saetion'&iiOuld stand as it is, the suit of the plaintiff having been dismissed by himself, as he had a right to do under the etatute. �Motion granted. ���Bbown V. Memphis & C..E. Co. �{Oircuit Court, W. B. Tennessee. August 6, 1880.) �1. PiEADiNfl — Tbnnbssbb Code. — Any declaration which states a cause �of action, however informally, or any plea wMch etates a defence either by way of general deniai equivalent to the general issue or spe- cial plea showing the facts constituting the defence, will be good nnder the Tennessee Code, whether good at common law or not. �2. Caeeier — Rbasonable Regitlation — How Detekmiked. — Where a �woman was excluded from the "ladies' car" because she was of no- toriously bad character, the defendant pleaded a reasonable regulation authorizing the exclusion, and that the plaintiff came ■vv'ithin it. Held, that it is a mixed question of law and fact whether the regu-lation la reasonable or not, to be submitted to the jury, on proper instructions by the court, and that it will not be determined on demurrer. �Inge e Chandler, for plaintiff. �Humes à Poston, for defendant. �Hammond, D. J. This is an action for wrongfùlly, and with nnnecessary force, ejecting the plaintiff from the defendant's cars, and has been heard upon demurrer to the pleas. The groundsof objection arising eut of the form and substance of the pleas would be good, perhaps, if the pleadings were to be tested by the common law, but, under the Tennessee Code, they are not well taken. Any declaration whieh states a cause of action, however informally, or any plea which states a defence either by general deniai equivalent to the general issue, or special plea showing the facts, will be good, whether ����