Legal Opinion

Brown v. Hipshire

Tennessee Supreme Court

Decided June 13, 1977PublishedCited by 15 opinions

1Opinion of the Court

OPINION

FONES, Justice.

The issue presented by this interlocutory appeal is whether the filing of a tort action tolls the statute of limitations to enable a defendant to file a counterclaim where the limitation period expires between the filing of the original complaint and the filing of the counterclaim.

The alleged tort occurred on August 27, 1975. Plaintiffs, Hipshire and Johnson, sued defendant, Brown and others, on July 28, 1976. Brown was served with process on August 3, 1976. He answered denying liability on September 7, 1976. Brown moved to amend his original pleading to assert an…

2Cases cited11 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Consolidated Motor Lines, Inc. v. M & M Transportation Co.Supreme Court of Connecticut · 1941
  3. Di Norscia v. TibbettSuperior Court of Delaware · 1956
  4. Lewis v. TurnleyTennessee Supreme Court · 1896
  5. Phillips v. Memphis Furniture Mfg. Co.Tennessee Supreme Court · 1935

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3Cited by15 opinions

  1. Hardcastle v. HarrisCourt of Appeals of Tennessee · 2004
  2. Merriweather v. City of MemphisCourt of Appeals for the Sixth Circuit · 1997
  3. Bache Halsey Stuart Inc. v. NammDistrict Court, S.D. New York · 1978
  4. Windsor v. a Federal Executive AgencyDistrict Court, M.D. Tennessee · 1984
  5. Merriweather v. City Of MemphisCourt of Appeals for the Sixth Circuit · 1997

10 more not listed; retrieve them via the Exa API.

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