[Download] "Byrd v. Bates" by Fifth Circuit United States Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Byrd v. Bates
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 31, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Plaintiffs filed this action on April 20, 1953, naming some twenty-one individuals, trustees, executors, guardians, partnerships, and corporations as defendants, for the wrongful death of James Winchester on or about April 21, 1951. The original complaint of 15 pages, was amended by the filing of a 19-page amendment. A second attempted amendment appears in the record, but was not filed by the clerk. Summons was not immediately issued; the docket sheet of the District Court at Dallas bears the notation, "summons to be held up, awaiting copies of complaint." On August 20, 1953, the cause was transferred to the Fort Worth Division. Summons then issued on September 14, 1953, and was served on two of the defendants. Summons was never issued as to the other defendants. No answers were filed, but appellee Bates filed a motion to dismiss the action against her as guardian of four minors. Plaintiff filed no less than a half dozen notices, applications and amendments to motions of various sorts in the trial court. The court did not pass on any of these matters, but on its own motion and without a hearing entered judgment dismissing the complaint as to all Texas defendants for failure to state a cause of action against any of them.