Legal Opinion
Addie Elizabeth Smith v. Eugene Benedict
Court of Appeals for the Seventh Circuit
Decided June 16, 1960No. 12873PublishedCited by 21 opinions
1Opinion of the Court
GRUBB, District Judge.
Action for personal injuries. One of the defenses interposed was the Statute of Limitations. This is an appeal from a “judgment” for plaintiff entered on a trial of the separate defense of the Statute of Limitations.
The judgment denying the defense does not adjudicate or terminate the claim on the merits. It is, therefore, not a final decision from which an appeal may be taken under Section 1291, Title 28 U.S.C.Á., Final decisions of district courts. Asher v. Ruppa, 7 Cir., 1949, 173 F.2d 10, and Catlin v. United States, 1945, 324 U.S. 229, 65 S.Ct. 631, 89 L.Ed. 911.
The…
2Cases cited7 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Catlin v. United StatesSupreme Court of the United States · 1945
- Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
- Asher v. RuppaCourt of Appeals for the Seventh Circuit · 1949
- Elbert B. Connell v. Dulien Steel Products, Inc.Court of Appeals for the Fifth Circuit · 1957
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Oklahoma Turnpike Authority v. BrunerCourt of Appeals for the Tenth Circuit · 2001
- Pedraza v. Shell Oil Co.Court of Appeals for the First Circuit · 1991
- Paul E. Repass v. Albert L. Vreeland and Leonard G. Brown, Individuals, and Vreeland & Brown, a New Jersey Partnership in the Practice of LawCourt of Appeals for the Third Circuit · 1966
- United States v. Mohammad Reza Mehrmanesh, Patricia Mehrmanesh, and Abofazl MehrmaneshCourt of Appeals for the Ninth Circuit · 1981
- Cmax, Inc., Also D. B. A. City Messenger of Hollywood and City Messenger Air Express v. Drewry Photocolor CorporationCourt of Appeals for the Ninth Circuit · 1961
16 more not listed; retrieve them via the Exa API.