Leonard v. Wharton

Citation396 F.2d 452
Decision Date13 June 1968
Docket NumberNo. 11570.,11570.
PartiesMargaret McD. LEONARD, Administratrix of the Estate of Helen Duffy Wharton, Deceased, Appellant, v. James H. WHARTON, Administrator, C.T.A., of the Estate of James P. Wharton, Deceased, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)

Margaret McD. Leonard, pro se.

Richard C. Rice, Cory, Boss & Rice, Laurel, Md., for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BUTZNER, Circuit Judges.

PER CURIAM:

In this action for wrongful death, the District Court for the District of Maryland granted a motion to dismiss on the ground that the suit was barred by the statute of limitations. For the reasons fully expressed in the opinion of the district court, Leonard v. Wharton, 268 F. Supp. 715 (D.Md.1967), we believe the present appeal is without hope of success, and therefore we dismiss it without allowing oral argument.

The appeal is dismissed.

To continue reading

Request your trial
14 cases
  • PRESIDENT AND DIRECTORS, ETC. v. Madden, Civ. No. K-77-1438.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • September 24, 1980
    ...v. Hertz Corp., 269 F.Supp. 671, 674-75 (D.Md. 1967); Leonard v. Wharton, 268 F.Supp. 715, 719 (D.Md.1967), appeal dismissed, 396 F.2d 452 (4th Cir. 1968), cert. denied, 393 U.S. 1028, 89 S.Ct. 624, 21 L.Ed.2d 571 (1969); White v. King, 244 Md. 348, 354-55, 223 A.2d 763 19 In addition, see ......
  • Morley v. Cohen, Civ. No. R-83-4198.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • May 31, 1985
    ...and as to limitations, the law of the forum is applied." Leonard v. Wharton, 268 F.Supp. 715, 718 (D.Md.1967), appeal dismissed, 396 F.2d 452 (4th Cir.1968), cert. denied, 393 U.S. 1028, 89 S.Ct. 624, 21 L.Ed.2d 571 (1969); see also Mills v. International Harvester Co., 554 F.Supp. 611, 612......
  • Milliken & Co. v. FTC
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • May 10, 1983
    ...process in the jurisdiction is evidence of consent to venue. Neirbo, supra; Leonard v. Wharton, 268 F.Supp. 715, appeal denied 396 F.2d 452 (4th Cir. 1968); Herpst v. S.B.I. Liquidating Corp., 279 F.Supp. 928, 930 (D.C.Pa.1961); Davis v. Smith, 253 F.2d 286, 288 (3rd Defendants, by stipulat......
  • Bridges v. Comm'r of Internal Revenue, Docket Nos. 6313-71
    • United States
    • United States Tax Court
    • August 28, 1975
    ...in detail later, it is readily resolved by reliance upon our decision in Estate of Viola E. Bray, 46 T.C. 577 (1966), affd. 396 F.2d 452 (6th Cir. 1968). Neither party relies upon the regulations and the regulations do not resolve the issue. Respondent relies upon Read v. United States, 320......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT