Legal Opinion

Pritchard v. Downie

District Court, E.D. Arkansas

Decided February 9, 1962No. 3768PublishedCited by 8 opinions

1Opinion of the Court

YOUNG, District Judge.

The principal issue involved in this decision is whether Rule 25(a) (1)1 of the Federal Rules of Civil Procedure, 28 U.S.C.A., prevails over §§ 62-2601 and 62-2602 of the Arkansas Statutes, and allows the plaintiff to maintain this cause of action against the original defendant’s estate after the time period allowed by Arkansas law for revival against his estate has lapsed.

This is an action for damages to plaintiff brought pursuant to 42 U.S.C.A. § 1983 for alleged violations of her civil rights. Plaintiff, in her complaint filed September 25, 1959, alleges that she was…

2Cases cited24 opinions

  1. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  4. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  5. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941

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

3Cited by8 opinions

  1. In Re Baycol Products LitigationCourt of Appeals for the Eighth Circuit · 2010
  2. Robert C. Downie, Administrator of the Estate of Eugene G. Smith v. Mrs. Mary Ellen Pritchard, Wife of Charles G. PritchardCourt of Appeals for the Eighth Circuit · 1962
  3. Pritchard v. DownieDistrict Court, E.D. Arkansas · 1963
  4. Eastern Credit Association, Inc. v. Braxton's EstateDistrict of Columbia Court of Appeals · 1965
  5. Neva C. Parham, of the Estate of L. N. Parham, Deceased v. Carson Pelegrin, Frank FridellCourt of Appeals for the Eighth Circuit · 1972

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

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