Legal Opinion
Murray v. MANSHEIM
South Dakota Supreme Court
Decided February 24, 2010No. 25097PublishedCited by 11 opinions
1Opinion of the Court
MILLER, Retired Justice.
[¶ 1.] In this decision we affirm the circuit court and hold that a compulsory counterclaim seeking affirmative relief in a personal injury action cannot be served after the expiration of the statute of limitations. Christopher John Murray and Gary Travis Mansheim were involved in a two-car accident. Immediately prior to the expiration of the statute of limitations, Murray commenced an action against Mansheim for damages he sustained as a result of the accident. Along with his timely answer, Mansheim served a counterclaim against Murray after the expiration of the…
2Cases cited44 opinions
- Bull v. United StatesSupreme Court of the United States · 1935
- United States v. DalmSupreme Court of the United States · 1990
- Chauffeurs, Teamsters, Warehousemen and Helpers, Local Union No. 135 v. Jefferson Trucking Company, Inc.Court of Appeals for the Seventh Circuit · 1980
- Godbehere v. Phoenix Newspapers, Inc.Arizona Supreme Court · 1989
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
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3Cited by11 opinions
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- Citibank, N.A. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 2015
- In Re Elizabeth A. Briggs Revocable Living TrustSouth Dakota Supreme Court · 2017
- Denna Delacruz and Barry Barger v. Paul WittigIndiana Court of Appeals · 2015
- Matter of Matheny Family TrustSouth Dakota Supreme Court · 2015
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