HERRON v. HERRON

No. 16671.

255 F.2d 589 (1958)

Sam B. HERRON, Sr. v. V. A. HERRON, Jr.

United States Court of Appeals Fifth Circuit.

May 23, 1958.


Attorney(s) appearing for the Case

Phil Stone, James Stone & Sons, Oxford, Miss., Joel P. Walker, Jr., Chatham & Walker, Hernando, Miss., for appellant.

Chester L. Sumners, Smallwood, Sumners & Hickman, Oxford, Miss., James McClure, Sr., McClure, Fant & McClure, Sardis, Miss., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This is an appeal from the United States District Court from the Northern District of Mississippi dismissing appellant's complaint. Jurisdiction is based on diversity of citizenship.

The proceedings in the district court that produced this appeal raise the following question: Was it reversible error for the district court to allow defendant to raise the defense of the statute of limitations on a motion that the court insisted on treating...

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