Legal Opinion

District of Columbia v. American Excavation Co.

District Court, District of Columbia

Decided January 16, 1946No. Civil Action No. 31410PublishedCited by 7 opinions

1Opinion of the Court

HOLTZOFF, Justice.

This is a motion, by a creditor, for leave to intervene in an action on a contractor’s bond, brought under Title I, Section 804, of the District of Columbia Code, 1940 Edition.

The motion is opposed on the ground that it was filed after the expiration of the period of one year, prescribed by the statute.

It is undisputed that the period of one year expired on December 21, 1915, while the motion was filed on December 28, 1945. It also appears that the present claimant had previously filed an independent suit on the same bond, apparently not being aware of the fact that this…

2Cases cited2 opinions

  1. Mandel v. United StatesCourt of Appeals for the Third Circuit · 1925
  2. United States ex rel. Pen Mar Co. v. J. L. Robinson Const. Co.District Court, D. Maryland · 1934

3Cited by7 opinions

  1. Akinseye v. District of ColumbiaDistrict Court, District of Columbia · 2002
  2. Metzler v. EdwardsDistrict of Columbia Court of Appeals · 1947
  3. Horn v. United States Department of ArmyDistrict Court, District of Columbia · 2003
  4. United States v. LattimoreDistrict Court, District of Columbia · 1953
  5. Joseph F. Hughes & Co. v. District of Columbia ex rel. Noland Co.Court of Appeals for the D.C. Circuit · 1969

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