Walden v. United States

HICKS, Circuit Judge.

Suit upon a War Risk term insurance policy. Appellee moved to dismiss upon the ground that the action was barred by the Statute of Limitations. The appeal is from an order sustaining the motion.

The record is unsatisfactory from many viewpoints but we treat the case as it was presented to the District Court and here.

The motion was heard by the trial court upon — (1) a stipulation of facts; (2) an affidavit of the Assistant United States Attorney; and (3) counter-affidavits on behalf of appellant and a reply affidavit incorporating certain correspondence.

It appears that the…