Legal Opinion

Coleman v. Young

Supreme Court of Arkansas

Decided July 17, 1974No. 74-55PublishedCited by 5 opinions

1Opinion of the Court

Lyle Brown, Justice.

Appellants’ tort action was dismissed on the theory that it was barred by the three year statute of limitations, Ark. Stat. Ann. § 37-206 (Repl. 1962). Appellants had first filed suit in federal district court, took a nonsuit and refiled in state court. Appellants contend they had a right to refile within one year from the dismissal of the federal court action, relying on the “saving statute” incorporated in Ark. Stat. Ann. § 37-222 (Repl. 1962).

The suit arose from an automobile collision which occurred in Crittenden County on December 10, 1969. Suit was filed in federal…

2Cases cited4 opinions

  1. L. R., M. R. & T. Ry. v. ManeesSupreme Court of Arkansas · 1887
  2. Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
  3. Casey v. BurdineSupreme Court of Arkansas · 1949
  4. Norm Company v. HarrisSupreme Court of Arkansas · 1938

3Cited by5 opinions

  1. Carton v. Missouri Pacific RailroadSupreme Court of Arkansas · 1988
  2. Cole v. First Nat. Bank of Fort SmithSupreme Court of Arkansas · 1990
  3. Posner v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1979
  4. Pauline Clark Whittle v. Delter Wiseman, Individually and in His Official Capacity and Mary Lawhorne, Individually and in Her Official CapacityCourt of Appeals for the Eighth Circuit · 1982
  5. Labarge, Inc. v. UNIVERSAL CIRCUITS INC.District Court, W.D. Arkansas · 1990

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