Legal Opinion
Grubbs v. Smith
Court of Appeals for the Sixth Circuit
Decided November 9, 1936No. 7103PublishedCited by 8 opinions
1Opinion of the Court
HAHN, District Judge.
Appellant (hereinafter referred to as plaintiff) appeals from an order dismissing his petition.1 He had filed a petition, an amended petition, and an amended and substituted petition. He had been directed by the court to combine the first two pleadings in a single pleading.
A preliminary question arises as to whether the action in the court below was pending upon all of the pleadings named or upon the amended and substituted petition only. That it was the intention of the plaintiff that the amended and substituted petition should supersede the petition and the amended…
2Cases cited24 opinions
- Fenner v. BoykinSupreme Court of the United States · 1926
- Spielman Motor Sales Co. v. DodgeSupreme Court of the United States · 1935
- United States v. Bank of New York & Trust Co.Supreme Court of the United States · 1936
- Case of Broderick's WillSupreme Court of the United States · 1875
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Richard E. Loux v. B. J. Rhay, WardenCourt of Appeals for the Ninth Circuit · 1967
- Richard E. Loux v. B. J. Rhay, WardenCourt of Appeals for the Ninth Circuit · 1967
- Caterpillar Tractor Co. v. International Harvester Co.Court of Appeals for the Ninth Circuit · 1939
- National Labor Relations Board v. Atlanta Metallic Casket Co.Court of Appeals for the Fifth Circuit · 1953
- SPRINGFIELD LIBRARY AND MUSEUM ASSOCIATION, INC. v. Knoedler Archivum, Inc.District Court, D. Massachusetts · 2004
3 more not listed; retrieve them via the Exa API.