Legal Opinion
Anderson v. Brady
District Court, E.D. Kentucky
Decided February 26, 1941No. 4081PublishedCited by 5 opinions
1Opinion of the Court
SWINFORD, District Judge.
The question involved here is the application of Rule 25 (a) (1), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The rule in so far as pertinent is quoted as follows: “If a party dies and the claim is not thereby extinguished, the court within 2 years after the death may order substitution of the proper parties. If substitution is not so made, the action shall be dismissed “as to the deceased party.”
The facts, which are not in dispute, disclose that Anne Thomas was a party defendant to this action. Anne Thomas died July 29, 1938. The Fidelity &…
2Cases cited5 opinions
- Burke v. CanfieldCourt of Appeals for the D.C. Circuit · 1940
- Mutual Benefit Health & Accident Ass'n v. SnyderCourt of Appeals for the Sixth Circuit · 1940
- Ainsworth v. Gill Glass & Fixture Co.Court of Appeals for the Third Circuit · 1939
- Winkelman v. General Motors Corp.District Court, S.D. New York · 1939
- Bailey v. Allan E. Walker, Inc.Court of Appeals for the D.C. Circuit · 1924
3Cited by5 opinions
- Jaynes v. LeeCourt of Appeals of Texas · 1957
- Schram v. O'ConnorDistrict Court, E.D. Michigan · 1941
- Photometric Products Corp. v. RadtkeDistrict Court, S.D. New York · 1946
- Anderson v. YungkauSupreme Court of the United States · 1947
- Department of Revenue v. Oldham CountyCourt of Appeals of Kentucky · 1967