Southern Railway Company v. John A. Chapman, Administrator of the Estate of Walter Benjamin Chapman, Deceased
SOUTHERN RAILWAY COMPANY, Appellant, v. John A. CHAPMAN, Administrator of the Estate of Walter Benjamin Chapman, Deceased, Appellee
Opinion
PER CURIAM.
This is an appeal by defendant from an order allowing plaintiff to take a voluntary nonsuit or enter a dismissal without prejudice upon payment of costs in an action commenced to recover damages on account of wrongful death. No counterclaim had been asserted in the action, no depositions had been taken, no interrogatories had been filed and nothing else had been done except that a motion for removal to a district in another state had been filed under 28 U.S.C. § 1404 . We think it clear that no abuse of dis *44 cretion wás.showñ in, entering the.order; o,f dismissal. New York, C. & St. L. R. Co. v.Vardaman, 8 Cir., 181 F.2d 769 .
-Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(voluntary dismissal conditioned on payment of costs appropriate when case had only progressed to stage of defendant’s filing motion to transfer)
Cited by 10 cases
View all citing references →Relies on it most ⓘ
- S.A. Andes v. Versant Corporation, and First Washington Investments Corporation and Thomas F. Herr
- Estate of Williams-Moore v. Alliance One Receivables Management, Inc.
- Kenrose Mfg. Co., Inc., a New York Corporation v. Fred Whitaker Company, Inc. v. Kilodyne, Inc.
- Lang v. Manufacturers & Traders Trust Co.
- Evans v. Rushing
- DuToit v. Strategic Minerals Corp.
Most recent
- Goodman v. Warden
- HARFORD MUTUAL INSURANCE GROUP, INC. v. PRESIDIA GENERAL CONTRACTING INC.
- Lang v. Manufacturers & Traders Trust Co.
- Estate of Williams-Moore v. Alliance One Receivables Management, Inc.
- DuToit v. Strategic Minerals Corp.
- S.A. Andes v. Versant Corporation, and First Washington Investments Corporation and Thomas F. Herr
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.