Humphreys v. Walsh
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Suit by Edward W. Humphreys against Julia M. Walsh and another. From a decree dismissing the bill, plaintiff appeals.
1Opinion of the Court
WOOLLEY, Circuit Judge.
The question in this case concerns the defense of laches in an equity action as affected by a state statute of limitations, which, if applicable by analogy, purports to save the right of action throughout the non-residence of the defendants. The case is before us on appeal from a decree, whereby the District Court, disregarding the statute, dismissed the bill on the ground of laches. The averments of tire bill are in substance as follows:
In 1882, Edward Walsh, Jr., gave Solon Humphreys his promissory note for $42,825.65, payable six months after date. In 1900, Solon…
2Cases cited8 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Patterson v. HewittSupreme Court of the United States · 1904
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- Alsop v. RikerSupreme Court of the United States · 1894
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3Cited by3 opinions
- Tilden v. BarberDistrict Court, D. New Jersey · 1920
- Anglo-Colombian Development Co. v. StapletonCourt of Appeals for the D.C. Circuit · 1927
- Banker v. Ford Motor Co.District Court, W.D. Pennsylvania · 1933