Legal Opinion
Hunter v. Ward
Court of Appeals for the Eighth Circuit
Decided November 9, 1926No. 7340PublishedCited by 5 opinions
1Opinion of the Court
STONE, Circuit Judge.
From a judgment entered after sustaining a demurrer to an amended petition, this writ of error is sued out. The demurrer is based on the running of the state statute of limitations, as shown on the face of the amended petition.
This right of action accrued March 30, 1919. On March 28, 1922 (just two days before the applicable state statute of limitations would have expired), a suit was filed. A voluntary nonsuit was taken therein on January 23, 1923. On May 11, 1923, a second suit for the same cause of action was filed. There was a voluntary nonsuit as to this second…
2Cases cited5 opinions
- O'Sullivan v. FelixSupreme Court of the United States · 1914
- McClaine v. RankinSupreme Court of the United States · 1905
- Reed v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1916
- Morrow v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1909
- Turrentine v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1910
3Cited by5 opinions
- Meadow Fresh Farms, Inc. v. Utah State University Department of Agriculture & Applied ScienceCourt of Appeals of Utah · 1991
- Foster v. PettijohnSupreme Court of Missouri · 1948
- Cady v. HarlanSupreme Court of Missouri · 1969
- Sanderson v. Postal Life Ins. Co. of New YorkCourt of Appeals for the Tenth Circuit · 1936
- Patsy Freeman, Personal Representative and Administratrix of the Estate of John R. Freeman v. CSX Transportation, Inc.Court of Appeals of Tennessee · 2011