· 10/2/1900
Felton v. Girardy
Citations
- 104 F. 127
- 43 C.C.A. 439
- 1900 U.S. App. LEXIS 3893
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the definition of a coparty does not include non-parties
- “It seems clear that a coparty against whom a party can cross-claim is neither a non-party nor a party it formally opposes….”
- “A crossclaim need not be served upon a cross-defendant who is already is a party to the action and within the court’s jurisdiction; rather, ‘it is sufficient under Rule 5(b
- “In multiparty actions, courts have disagreed regarding whether parties on the same side, but not at the same level, of an action are ‘coparties’ that may cross- claim against each other.”
- “[S]uch construction ‘comports with the structure of the federal rules, which envision three types of claims that may be asserted by defendants’: Rule 13(a) counterclaims against opposing parties, Rule 14(a) third-party claims against non-parties, and Rule 13(g) cross-claims against coparties.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Day, Lurton, Severens
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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