Legal Opinion
Smith v. Nicholson Universal S. S. Co.
District Court, W.D. New York
Decided December 26, 1941No. 907PublishedCited by 3 opinions
1Opinion of the Court
KNIGHT, District Judge.
The defendant moves to withdraw its answer heretofore interposed and to dismiss the complaint for lack of jurisdiction.
The plaintiff has now amended his complaint to substitute as the party plaintiff a special guardian in place of the plaintiff.
The defendant has the right to answer the amended complaint and set up lack of jurisdiction or improper venue (either or both). Rule 12(b) Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The defendant has not waived its right to raise these questions (Rule'12(h) Rules of Civil Procedure), and it may raise them by…
2Cases cited7 opinions
- Brown v. C. D. Mallory & Co.District Court, E.D. Pennsylvania · 1940
- Stein v. Standard Oil Co. of CaliforniaDistrict Court, S.D. New York · 1929
- Bennett v. Standard Oil Co. of New JerseyDistrict Court, D. Maryland · 1940
- Bannon v. Seaboard Air Line Ry. Co.District Court, S.D. Georgia · 1930
- Eckert v. Socony Vacuum Oil Co.District Court, E.D. Pennsylvania · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Blank v. BitkerCourt of Appeals for the Seventh Circuit · 1943
- Keefe v. DerounianDistrict Court, N.D. Illinois · 1946
- Morrison v. Amway Corp. (In Re Morrison)United States Bankruptcy Court, S.D. Texas · 2009