Laws: Cases and Codes : U.S. Code : Title 28 : Section 2105
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U.S. Code as of:
01/19/04
Section 2105 - Notes
SOURCE
(June 25, 1948, ch. 646, 62 Stat. 963.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 879 (R.S. Sec. 1011;
Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 318).
The revised language is substituted for the provisions of section
879 of title 28, U.S.C., 1940 ed., to avoid any construction that
matters of fact are not reviewable in nonjury cases. Such section
879 related to review upon a writ of error which applied only to
actions at law. (See Rule 52(a) of the Federal Rules of Civil
Procedure limiting the review of questions of fact which renders
unnecessary any statutory limitation.)
Rule 7(c) of the Federal Rules of Civil Procedure abolished all
pleas, and the rules adopted the motion as a substitute therefor.
Words "matters in abatement" were, therefore, substituted for the
abolished "plea in abatement" and "plea to the jurisdiction."
Changes were made in phraseology.
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