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Anderson Vs. Yungkau
Cites for this judgment
- US Supreme Court
- Jan 13, 1947
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U.S. 482 (1947) U.S. Supreme Court Anderson v. YungkauSearch
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U.S. 482 (1947) Anderson v. YungkauSearch
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District of Kentucky, and were stayed by agreement while the principal case upon which these depended, Anderson v. AbbottSearch
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the liability of the shareholders of Banco for the stock assessment. That was in 1944. During the time Anderson v. AbbottSearch
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moved to revive the actions against the representatives of the decedents. The District Court, following Anderson v. BradySearch
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and granted motions of the executors to dismiss. The Circuit Court of Appeals affirmed by a divided vote. Anderson v. YungkauSearch
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is that each is used in its usual sense -- the one act being permissive, the other mandatory. See United States v. ThomanSearch
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And Rule 6(b) should not be construed to override an express direction of action to be taken by the court. See Wallace v. UnitedSearch
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Cf. Ainsworth v. GillSearch
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Glass & Fixture Co., 104 F.2d 83, with Burke v. CanfieldSearch
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App.D.C. 127, 111 F.2d 526, and Mutual Benefit Health & Accident Assn. v. SnyderSearch
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Baltimore & Ohio R. Co. v. JoySearch
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Winslow v. DomesticSearch
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Brief any citation in this list with AI Studio
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Rule 45 still effective, for which there seems to have been some judicial authority, see Electropure Sales Corp. v. AnglimSearch
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Gaskins v. BonfilsSearch
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of Appeals in some cases have refused to apply Rule 6(b) to other Rules as well as Rule 25(a), see, e.g., Wallace v. UnitedSearch
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Reed v. SouthSearch
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Mutual Benefit Health & Accident Assn. v. SnyderSearch
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Burke v. CanfieldSearch
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App.D.C. 127, 111 F.2d 526, though other cases have ruled the other way. See, e.g., Schram v. O'ConnorSearch
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Ainsworth v. GillSearch
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no power to permit substitution after the expiration of the 2-year limit, irrespective of the circumstances. Winkelman v. GeneralSearch
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Anderson v. BradySearch
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Photometric Products Corp. v. RedtkeSearch
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With regard to Rule 25(a) for substitution, it was held in Anderson v. BradySearch
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and in Anderson v. YungkauSearch
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has been disputed. See American Trust Co. v. GrutSearch
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First Nat. Bank v. FirstSearch
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Nat. Bank, 14 F.2d 129. But, in Anderson v. AbbottSearch
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U.S. 349, 321 U. S. 368 -369. And in Frank v. GiesySearch
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making each shareholder's liability several and fully enforceable, though others go free. In First Nat. Bank v. FirstSearch
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to enforce contribution against others not proceeded against. The shareholder's liability is secondary only, McClaine v. RankinSearch
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First National Bank v. NicholsSearch
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than is needed from the fund actually collected to discharge the bank's obligations. Bank of Ware Shoals v. MartinSearch
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F.Supp. 61, 63. The liability is not a debt, but is one merely assuring payment of the bank's obligations. McClaine v. RankinSearch
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The suits were begun in 1936. Eight years were taken up for litigation of the principal issue of liability in Anderson v. AbbottSearch
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U.S. Supreme Court Anderson v. YungkauSearch
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Anderson v. AbbottSearch
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See United States v. ThomanSearch
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See Wallace v. UnitedSearch
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Burke v. CanfieldSearch
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and Mutual Benefit Health & Accident Assn. v. SnyderSearch
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Baltimore & Ohio R. Co. v. JoySearch
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Electropure Sales Corp. v. AnglimSearch
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Wallace v. UnitedSearch
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Schram v. O'ConnorSearch
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Winkelman v. GeneralSearch
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See American Trust Co. v. GrutSearch
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