Legal Opinion
Tully v. Pate
District Court, D. South Carolina
Decided December 21, 1973No. Civ. A. 72-155PublishedCited by 1 opinion
1Opinion of the Court
ORDER
ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
HEMPHILL, District Judge.
This lawsuit, essentially a fight between an estranged husband and his sister-in-law over the bodies of his dead children, shocks the sensibilities of this court. The court has suspicioned the forum is being used for vindictive pursuit rather than a place where justice is sought. The court doubts the existence of the jurisdictional amount necessary to give diversity jurisdiction 1 but the allegations of the complaint control at this point. 2 The motion spotlights the issues of fact, existent or nonexistent.
Plaintiffs…
2Cases cited11 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Jacobus v. Congregation of ChildrenSupreme Court of Georgia · 1899
- Wright v. Hollywood Cemetery CorporationSupreme Court of Georgia · 1901
- Dennis J. Britt, Trustee of Frank James Damson, Bankrupt v. Alice J. DamsonCourt of Appeals for the Ninth Circuit · 1964
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kiphart v. Community Federal Savings & Loan Ass'nMissouri Court of Appeals · 1987