United States v. Thompson
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Minnesota. The United States sued, Dec. 6, 1875, Clark W. Thompson, and his sureties on his official bond, as superintendent of Indian affairs in Minnesota. The breach alleged was that he, as such officer, had, prior to March 30, 1865, received $10,562.27 of the moneys of the United States, which he had neglected and refused to account for, and had converted to his own use.
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Error to the Circuit Court of the United States for the District of Minnesota. The United States sued, Dec. 6, 1875, Clark W. Thompson, and his sureties on his official bond, as superintendent of Indian affairs in Minnesota. The breach alleged was that he, as such officer, had, prior to March 30, 1865, received $10,562.27 of the moneys of the United States, which he had neglected and refused to account for, and had converted to his own use. The defendants pleaded that the cause of action did not accrue within.ten years next preceding the commencement of the suit. The United States demurred.…
1Opinion of the CourtJustice Swayne
This case turns upon a statute of the State of Minnesota which bars actions, ex contractu, like this, within a specified time, and the same limitation is applied by the statute to the State. The United States are not named in it. The court below held that the statute applied to the United States, and rendered judgment against them.
There is no opinion in the record, and we are at a loss to imagine the reasoning by which the result announced was reached. The Federal courts have been in existence nearly a century. The reports of their decisions are numerous. They involve a great variety of…
2Cases cited8 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Gibson v. ChouteauSupreme Court of the United States · 1872
- United States v. ClarkeSupreme Court of the United States · 1834
- Seaman Field v. United StatesSupreme Court of the United States · 1834
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3Cited by208 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Costello v. United StatesSupreme Court of the United States · 1961
- United States v. SummerlinSupreme Court of the United States · 1940
- Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
- United States v. ShawSupreme Court of the United States · 1940
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