Legal Opinion
Sam B. Herron, Sr. v. V. A. Herron, Jr
Court of Appeals for the Fifth Circuit
Decided May 23, 1958No. 16671PublishedCited by 62 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
This is an appeal from the United States District Court from the Northern District of Mississippi dismissing appellant’s complaint. Jurisdiction is based on diversity of citizenship.
The proceedings in the district court that produced this appeal raise the following question: Was it reversible error for the district court to allow defendant to raise the defense of the statute of limitations on a motion that the court insisted on treating as a motion to dismiss and not as a motion for a summary-judgment when—(1) it was necessary to go outside of the pleadings to prove the…
2Cases cited7 opinions
- Suckow Borax Mines Consolidated, Inc. v. Borax Consolidated, LimitedCourt of Appeals for the Ninth Circuit · 1950
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- A. G. Reeves Steel Const. Co. v. WeissCourt of Appeals for the Sixth Circuit · 1941
- Berry v. Chrysler CorporationCourt of Appeals for the Sixth Circuit · 1945
- Butcher v. United Electric Coal Co.Court of Appeals for the Seventh Circuit · 1949
2 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
- Michael G. Levine v. Patricia Torvik, Stephanie Tubbs Jones, Intervenor-AppellantCourt of Appeals for the Sixth Circuit · 1993
- Marshall Durbin Farms, Inc. v. National Farmers Organization, Inc.Court of Appeals for the Fifth Circuit · 1971
- Peter L. Johnson v. United StatesCourt of Appeals for the D.C. Circuit · 1976
- True v. Hi-Plains Elevator MacHinery, Inc.Wyoming Supreme Court · 1978
57 more not listed; retrieve them via the Exa API.