Legal Opinion · Dissent

LINDER BY AND THROUGH LINDER v. Howard

Supreme Court of Arkansas

Decided October 10, 1988No. 88-75Published

1DissentSteele Hays, Justice

The appellant was a minor when her cause of action arose. Her minority was extinguished on October 15,1983 and pursuant to Ark. Code Ann. § 9-25-101 and § 16-56-116 (1987), appellant had until October 15, 1986, to commence an action. Her complaint was filed one day before the running of the statute of limitations, i.e. October 14, 1986, in chancery court.

The appellant sought money damages for injuries resulting from an automobile accident, and, clearly, filing in the chancery court was improper. Moreover, a motion to transfer the case from law to equity pursuant to Ark. Code Ann. § 16-13-401…

2Cases cited3 opinions

  1. Erwin, Inc. v. Arkansas Louisiana Gas Co.Supreme Court of Arkansas · 1977
  2. Star-Kist Foods, Inc. v. Chicago, Rock Island & Pacific RailroadDistrict Court, N.D. Illinois · 1984
  3. Phillips v. CattsSupreme Court of Alabama · 1929

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