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Nelms v. Baltimore & Ohio R.

NELMS v. BALTIMORE & OHIO R. CO.

Nelms v. Baltimore & Ohio R., 11 F.R.D. 441 (N.D. Ohio 1951)
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Court
District Court, N.D. Ohio · Federal District Courts
Decided
April 24, 1951
Docket
No. 25580
Judges
Freed
Citations
11 F.R.D. 4411951 U.S. Dist. LEXIS 3659

Opinion of the Court — Freed

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FREED, District Judge.

Plaintiff’s action for personal injuries was dismissed on stipulation of counsel, November 16, 1949. This motion seeks an order under Rule 60(b), Federal Rules of Civil Procedure, 28 U.S.C.A., setting aside and vacating the dismissal.

By affidavit, the plaintiff asserts that the authorization for the dismissal entry was given counsel by her husband, now deceased. She states that at no time was the husband constituted her agent, in fact or by implication, and that consequently the dismissal, entered without her knowledge or consent, deprives her of her “day in court.” In addition, it is suggested by plaintiff that her husband, at the time of dismissal, was not mentally competent.

In answer to the charge that the dismissal was entered without authority of the plaintiff, defendant has made no demonstration which would point to a different factual situation. Though counsel who signed the stipulation for the plaintiff is of highest reputation and integrity, this Court can only conclude that the entry was made without authority and should be set aside and vacated.

The motion will be granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 12019: 119702026peak 1970 · 1

Relies on it most ⓘ

  1. Bank of New York Mellon v. Vegas Property Services, Inc.No. 2:17-cv-00776 (D. Nev. Aug. 30, 2019)
  2. John H. Spann v. The Commissioners of the District of Columbia443 F.2d 715 (D.C. Cir. 1970)

Most recent

  1. Bank of New York Mellon v. Vegas Property Services, Inc.No. 2:17-cv-00776 (D. Nev. Aug. 30, 2019)
  2. John H. Spann v. The Commissioners of the District of Columbia443 F.2d 715 (D.C. Cir. 1970)

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.

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