WEBSTER v. CLODFELTER

No. 7999.

130 F.2d 434 (1942)

WEBSTER v. CLODFELTER.

United States Court of Appeals for the District of Columbia.

Decided June 30, 1942.


Attorney(s) appearing for the Case

Mr. Emory B. Smith, of Washington, D. C., for appellant.

Mr. Albert F. Beasley, of Washington, D. C., for appellee.

Before STEPHENS, EDGERTON, and RUTLEDGE, Associate Justices.


RUTLEDGE, Associate Justice.

The action is for wrongful death. The appeal is from a judgment for defendant rendered upon his motion for judgment on the pleadings. From them it affirmatively appears the suit was not begun within one year after the death on account of which it was brought. Accordingly, the court found it was barred by Section 2, Title 21, D.C.Code (1929), and dismissed the complaint with prejudice.

In granting the motion the court filed a memorandum...

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