Legal Opinion
Nakdimen v. Baker
Court of Appeals for the Eighth Circuit
Decided May 14, 1940No. 11612PublishedCited by 11 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
This is the second appeal in this case. The opinion of this court on the first appeal is reported in Nakdimen v. Baker, 8 Cir., 100 F.2d 195, 196. The evidence is the same on both appeals. On the first appeal we held that the court erred in overruling the appellant’s motion to require the plaintiff (appellee) “to declare whether he intends his suit to be one upon contract or one upon tort, and to elect upon which, whether contract or tort, he will proceed.” The trial court was of the opinion that the plaintiff’s petition alleged a cause of action for damages for…
2Cases cited28 opinions
- Concordia Ins. Co. of Milwaukee v. School Dist. No. 98 of Payne Cty.Supreme Court of the United States · 1931
- Colby v. ReedSupreme Court of the United States · 1879
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Fidelity & Deposit Co. of Maryland v. BatesCourt of Appeals for the Eighth Circuit · 1935
- Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
- Hawkins v. Merrill, Lynch, Pierce, Fenner & BeaneDistrict Court, W.D. Arkansas · 1949
- Neverett v. TowneSupreme Court of Vermont · 1960
- Maryland Casualty Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1948
- McCoy v. Grinnell (In Re Radcliffe's Warehouse Sales, Inc.)United States Bankruptcy Court, W.D. Washington · 1983
6 more not listed; retrieve them via the Exa API.