Legal Opinion
West v. Cincinnati, N. O. & T. P. Ry. Co.
District Court, E.D. Tennessee
Decided October 29, 1952No. Civ. A. 1792PublishedCited by 8 opinions
1Opinion of the Court
ROBERT L. TAYLOR, District Judge.
Motion has been filed by Guy A. Thompson, trustee for Missouri Pacific Railway Company, for a summary judgment dismissing the action as to Missouri Pacific on the ground that the action is barred as to this defendant by the Tennessee one-year statute of limitations. The Tennessee Code sections relied on in support of the motion are 8571, 8592 and 8595.
Section 8571 is as follows:
“Commencement of an action by suing out summons. — The suing out of a summons is the commencement of an action, within the meaning of this chapter, whether it be executed or not, if the…
2Cases cited7 opinions
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- East Tennessee Coal Co. v. DanielTennessee Supreme Court · 1897
- Whaley v. CatlettTennessee Supreme Court · 1899
- Moran v. WeinbergerTennessee Supreme Court · 1923
- Patten v. Standard Oil Co. of LouisianaTennessee Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. Grumman-Olsen Corp.District Court, E.D. Tennessee · 1995
- Hixon v. HighsmithDistrict Court, E.D. Tennessee · 1957
- Robertson v. Giant Food Market, Inc.Tennessee Supreme Court · 1962
- Norma Tillman v. Leo HaffeyCourt of Appeals of Tennessee · 2001
- Maxwell v. RoarkDistrict Court, E.D. Tennessee · 1971
3 more not listed; retrieve them via the Exa API.