Legal Opinion
Atchison, Topeka & Santa Fe Railway Co. v. Rollaway Window Screen Co.
California Court of Appeal
Decided January 17, 1951No. Docket Nos. 14485, 14491PublishedCited by 12 opinions
1Opinion of the CourtBray, J.
Plaintiff appeals from judgments based on, orders granting dismissal, pursuant to section 581a of the Code of Civil Procedure, of two actions for freight charges.
Questions Presented
1. Is the dismissal of actions under section 581a of the Code of Civil Procedure a matter of substantive law, rather than of procedure, when applied to causes of actions based on a federal statute ? 2. Does that section require that the summons be filed within three years after the commencement of an action ?
Record
In action No. 14491, the complaint for freight charges was filed February 21, 1946. Summons and…
2Cases cited26 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
- Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Engel v. DavenportSupreme Court of the United States · 1926
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3Cited by12 opinions
- Lambert v. ConradCalifornia Court of Appeal · 1960
- Johnson & Johnson v. Superior CourtCalifornia Supreme Court · 1985
- City of Chamblee v. Village of North AtlantaSupreme Court of Georgia · 1962
- Republic Corp. v. Superior CourtCalifornia Court of Appeal · 1984
- O'KEEFE v. Aptos Land & Water Co.California Court of Appeal · 1955
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