KIRKPATRICK, District Judge.
This is a suit at law brought by the government to recover money erroneously refunded to a taxpayer by reason of a mistake of law. The defendant, however, is not the taxpayer who received the refund but the residuary legatee under her will; her estate having been distributed.
The case is now before the court upon a motion for judgment for want of sufficient affidavit of defense which, under the Pennsylvania practice, admits the...
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