|
|
Anderson v. Yungkau, 329 U.S. 482 (1947)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Anderson v. Yungkau, 329 U.S. 482 (1947)
Anderson v. Yungkau No. 87 Argued December 19, 20, 1946 Decided January 13, 1947 329 U.S. 482
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Rule 25(a) of the Federal Rules of Civil Procedure provides that,
If a party dies and the claim is not thereby extinguished, the court within 2 years after the death may order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party.
Held: more than two years after the deaths of defendants, actions may not be revived and their representatives substituted, and the actions should be dismissed -- even though the failure to act within the specified period was the result of "excusable neglect" within the meaning of Rule 6(b). Pp. 484-486.
153 F.2d 685 affirmed.
The District Court denied motions to revive certain actions against certain parties and substitute their legal representatives more than two years after the deaths of the original parties, and dismissed the actions under Rule 25(a) of the Federal Rules of Civil Procedure. 1 F.R.D. 589. The Circuit Court of Appeals affirmed. 153 F.2d 685. Affirmed, p. 486.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Anderson v. Yungkau, 329 U.S. 482 (1947) in 329 U.S. 482 329 U.S. 483. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=XIK12BPFUEINMSL.
MLA: U.S. Supreme Court. "Syllabus." Anderson v. Yungkau, 329 U.S. 482 (1947), in 329 U.S. 482, page 329 U.S. 483. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XIK12BPFUEINMSL.
Harvard: U.S. Supreme Court, 'Syllabus' in Anderson v. Yungkau, 329 U.S. 482 (1947). cited in 1947, 329 U.S. 482, pp.329 U.S. 483. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=XIK12BPFUEINMSL.
|