Dincher v. Marlin Firearms Co.

FRANK, .Circuit Judge

(dissenting).

1. Except in topsy-turvy land, you can’t die before you are conceived,1 or be divorced before ever you marry,2 or harvest a crop never planted, or burn down a house never built, or miss a train running on a non-existent railroad. For substantially similar reasons, it has always heretofore been accepted, as a sort of legal “axiom,” that a statute of limitations does not begin to run against a cause of action before that cause of action exists, i e., before a judicial remedy is available to the plaintiff. For a limitations statute, by its inherent nature, bars…