Legal Opinion

Atchison & Keller, Inc. v. Taylor

District of Columbia Court of Appeals

Decided February 20, 1947No. 477PublishedCited by 10 opinions

1Opinion of the Court

CAYTON, Chief Judge.

Defendant appeals from a judgment of $438 rendered against it on a claim for stokers and equipment furnished and installed by plaintiff. The single error assigned relates to the alleged failure of the trial court to rule that plaintiff’s claim was barred by limitations. Code 1940, § 12— 201. The point was not raised or suggested during the trial. Nor was it made a ground of the ensuing motion for new trial. It was asserted as a defense, admittedly for the first time, in a brief submitted to the trial judge in support of the motion for new trial.

We must hold that the…

2Cases cited6 opinions

  1. District Hauling & Construction Co. v. ArgerakisDistrict of Columbia Court of Appeals · 1943
  2. Retzer v. WoodSupreme Court of the United States · 1883
  3. Rye v. PhillipsSupreme Court of Minnesota · 1938
  4. Apuzzo v. HoerSupreme Court of Connecticut · 1939
  5. Morris v. BreakerDistrict of Columbia Court of Appeals · 1944

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

3Cited by10 opinions

  1. Whitman v. NoelDistrict of Columbia Court of Appeals · 1947
  2. Hunter-Boykin v. George Washington UniversityCourt of Appeals for the D.C. Circuit · 1998
  3. Mayo v. MayoDistrict of Columbia Court of Appeals · 1986
  4. Riss & Co. v. FeldmanDistrict of Columbia Court of Appeals · 1951
  5. Germaine v. CramerDistrict of Columbia Court of Appeals · 1949

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

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