Reynolds v. Needle
Cases that cite this one
40 later published cases cite this decision. The 25 that cite it most often are listed here.
- Varela v. Hi-Lo Powered Stirrups, Inc. (D.C. 1980)
- Ray v. Midfield Park, Inc. (Ala. 1975)
- Jones v. Willoughby (Tex. App. 1951)
- Isaacks v. Jeffers (10th Cir. 1944)
- Landmark, Inc. v. Stockmen's Bank & Trust Co. (Wyo. 1984)
- Carter v. Davison (Wyo. 1961)
- Magouirk v. Phillips (5th Cir. 1998)
- Spellman v. American Security Bank, N.A. (D.C. 1986)
- Myrtle Nell Catrett, Administratrix of the Estate of Louis H. Catrett, Deceased v. Johns-Manville Sales Corporation (D.C. Cir. 1985)
- Wyner v. District of Columbia (D.C. 1980)
- Hall v. Cafritz (D.C. 1979)
- Doolin v. Environmental Power Ltd. (D.C. 1976)
- John Hubicki v. Acf Industries, Incorporated, John Hubicki v. United Steelworkers of America and Acf Industries, Inc. (3d Cir. 1973)
- Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc., Continental Casualty Co., Blake Construction Co., Inc., United States of America (D.C. Cir. 1971)
- Dairyland Insurance Company v. Hughes (District Court, W.D. Virginia 1970)
- Israelson v. MOUNTAIN TRACTOR COMPANY (Mont. 1970)
- Calvin v. Calvin (D.C. Cir. 1954)
- Calvin v. Rafferty (D.C. Cir. 1954)
- Carr-Consolidated Biscuit Company v. Moore (District Court, M.D. Pennsylvania 1954)
- Carr-Consolidated Biscuit Co. v. Moore (District Court, M.D. Pennsylvania 1954)
- Fremon v. W. A. Sheaffer Pen Co. (District Court, S.D. Iowa 1953)
- Reynolds Metals Co. v. McCrea (D.C. 1953)
- Beckstrom v. Coastwise Line (United States District Court for the District of Alaska 1953)
- Carroll v. Pittsburgh Steel Co. (District Court, W.D. Pennsylvania 1952)
- Dunn v. J. P. Stevens & Co., Inc (2d Cir. 1951)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant sued appellees to recover land and mesne profits. Appellees pleaded res judicata and the statute of limitations. They also moved for summary judgment under Federal Rules of Civil Procedure, Rule 56, 28 U.S.C.A. folio-wing section 723c.- Neither side filed supporting affidavits, and appellees filed no copies of the decrees of the District Court upon which they based their plea of res judicata. Appellant moved to strike appellees’ answer and motion. The District -Court denied appellant’s motion, and entered summary judgment for appellees.
*162 The complaint, which was filed August 28, 1941, 1 alleges that “on the first day of March, 1925, * * * the defendants entered * * * and unlawfully ejected the plaintiff * * Since the cause of action arose at the time of the ejection, 2 the complaint shows on its face that it arose more than fifteen years before suit. The statute provides: “No action shall be brought for the recovery of lands, tenements, or hereditaments after fifteen years from the time the right to maintain such action shall have accrued * * *.” 3
Appellees were entitled to summary judgment if there was no “genuine issue as to any material fact.” 4 Affidavits were not required. 5
Appellant contends that there were issues of material fact because there might possibly be facts which would toll the statute of limitations and avoid the plea. But he alleged no such facts and raised no such issues. 6 If he had such facts to allege he might have amended his complaint, served affidavits, or asked permission to reply. 7 He did none of those things.
We need not consider whether the plea of res judicata was sufficient, without certified copies of the decrees upon which it was based, to support a summary judgment. 8
Affirmed.
This commenced the action. Rule 3, Federal Rules of Civil Procedure; cf. Maier v. Independent Taxi Owner’s Ass’n, 68 App.D.C. 307, 309, note 1, 96 F.2d 579.
McMillan v. Fuller, 41 App.D.C. 384, 390.
D.C.Code, 1940, § 12—201.
Rule 56(c), F. R. C. P.
Rule 56(b), F. R. C. P.
McGrath v. Helena Rubinstein, Inc., D.C., 29 F.Supp. 822, 824. Cf. Fletcher v. Krise, 73 App.D.C. 266, 269, 120 F.2d 809.
Rule 7(a), F. R. C. P.
Cf. Wagenhurst v. Wineland, 22 App.D.C. 356, 366. Fletcher v. Evening Star Newspaper Co., 72 App.D.C. 303, 114 F.2d 582, does not hold that no copies, or no authenticated copies, need be filed. The record in that case shows that the defendant filed copies of the orders relied upon, authenticated in one way or another, and the only question was as to the mode of authentication.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.