MITCHELL
v.
GREENOUGH ET AL.
In his petition for rehearing the appellant contends for the first time that the controlling statute of limitations is sec. 159, par. 2 of Remington’s Revised Statutes of Washington, which fixes a period of-three years, and claims that his action is brought within that period. A party cannot on petition for a rehearing shift his position. Marion Steam Shovel Co. v. Bertino, 8 Cir., 82 F.2d 945; Moss v. Sherburne, 1 Cir., 11 F.2d 579; Bassick Mfg. Co. v. Adams Grease Gun Corp., 2 Cir., 54 F.2d 285.
In view of the fact that we adhere to our conclusion that the complaint does not state a cause of action it is unimportant whether the claim is barred.
Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Adolph G. Hoffman v. Halden, 268 F.2d 280 (9th Cir. 1959)
-
United States v. Gordon, 253 F.2d 177 (7th Cir. 1958)
-
United States v. Walton, 411 F.2d 283 (9th Cir. 1969)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mitchell v. Greenough, 100 F.2d 184 (9th Cir. 1938)
- Bassick MFG. Co. v. Adams Grease Gun Corp., 54 F.2d 285 (2d Cir. 1931)
- Marion Steam Shovel Co. v. Bertino, 82 F.2d 945 (8th Cir. 1936)
- Moss v. Sherburne, 11 F.2d 579 (1st Cir. 1926)