United States v. Hoar
U.S. Circuit Court for the District of Massachusetts
[In error to the district court of the United States for the district of Massachusetts.] This was a writ of error from the judgment of the district court. The original action was assumpsit for money had and received, brought by the United States against the defendant in error [Samuel Hoar, Jr.], as administrator of the estate of Col. John L. Tuttle, deceased.
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[In error to the district court of the United States for the district of Massachusetts.] This was a writ of error from the judgment of the district court. The original action was assumpsit for money had and received, brought by the United States against the defendant in error [Samuel Hoar, Jr.], as administrator of the estate of Col. John L. Tuttle, deceased. The defendant pleaded, (1) the general statute of limitations of Massachusetts (St. Feb. 13, 1787; 1786, c. 52, —substantially like the statute of 21 Jac. c. 16, § 3) to personal actions; (2) the statute of Massachusetts (St. Feb. 14,…
1Opinion of the Court
STORÍ, Circuit Justice.
The only point, which has been argued here, is, whether the United States are barred of their suit by the statutes of limitations of Massachusetts above pleaded. It has not been denied, and indeed is' too plain for argument, that the statutes of limitations of Massachusetts cannot proprio vigore bind or bar the suits of the national government in the national courts. If such an effect can be attributed to them, it can only be by reason of some extension of them for this purpose, by the national legislature. And it is contended, that such is the effect of the 34th…
2Cases cited1 opinion
- Jewett v. JewettMassachusetts Supreme Judicial Court · 1809
3Cited by88 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- United States v. SummerlinSupreme Court of the United States · 1940
- Nardone v. United StatesSupreme Court of the United States · 1937
- Stanley v. SchwalbySupreme Court of the United States · 1893
- United States v. HerronSupreme Court of the United States · 1874
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