Hodges v. Kimball
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of Virginia. The plaintiffs in error instituted their suit in the circuit court of the United States for the Western district of Virginia to recover of the defendants damages occasioned by the death of their intestate in the state of Virginia while in the employ of the defendants.
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In Error to the Circuit Court of the United States for the Western District of Virginia. The plaintiffs in error instituted their suit in the circuit court of the United States for the Western district of Virginia to recover of the defendants damages occasioned by the death of their intestate in the state of Virginia while in the employ of the defendants. The suit was instituted on the 30th day of August, 1S95. At the October term of that year the defendants appeared, and filed a special demurrer to the declaration, alleging the failure to show adverse citizenship in the plaintiffs, and, the…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). The learned judge of the lower court (87 Fed. 545) apparently proceeded upon the theory that, plaintiffs not having taken out letters of administration upon the estate of their intestate in the state of Virginia at the time of the institution of the suit, the same could not be maintained, that the defect could not be cured by amendment, and that plaintiffs, not having qualified in the state at that time, occupied the relation of mere strangers to the litigation. The fact that an administrator, in the absence of a statute, cannot maintain a suit in the…
2Cases cited33 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Chapman v. BarneySupreme Court of the United States · 1889
- Noonan v. BradleySupreme Court of the United States · 1870
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
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3Cited by32 opinions
- Deupree v. LevinsonCourt of Appeals for the Sixth Circuit · 1950
- McDaniel v. North Carolina Pulp Co.Supreme Court of Virginia · 1956
- Hanley v. W. Va. C. & P. Ry. Co.West Virginia Supreme Court · 1906
- Gross v. HockerSupreme Court of Iowa · 1952
- Pearson v. Norfolk & W. Ry. Co.District Court, W.D. Virginia · 1923
27 more not listed; retrieve them via the Exa API.