Jenkins v. United States

SIBLEY, Circuit Judge.

The administratrix of Asa Devers Berry filed suit February 5, 1935, on his certificate of war risk insurance, the claim on which was alleged to have been first made to the Veterans’ Administration May 24, 1934, and denied January 4, 1935. Berry was alleged to have been discharged from the army 'May 21, 1919, and to have died July 6, 1920, the policy having been saved from lapse meanwhile, though premiums were not paid, for reasons which for present purposes may be treated as good. A demurrer that the court was without jurisdiction and that the suit was not filed during…