Legal Opinion

Custer v. McCutcheon

Court of Appeals for the Ninth Circuit

Decided June 9, 1930No. 6079Published

1Opinion of the Court

DIETRICH, Circuit Judge.

The posture of the ease in point of fact need not be explained, for by the parties it is agreed the record exhibits only a general question of law, namely, whether npon a judgment for money, recovered by the United States against a citizen, in the United States District Court for the District of Idaho, an execution may issue more than five years after the entry thereof. By the court below the question was answered in the affirmative.

Section 916 of the United States Revised Statutes (28 USCA § 727) provides that:

“The party recovering a judgment in any common-law cause…

2Cases cited6 opinions

  1. Fink v. O'NeilSupreme Court of the United States · 1882
  2. United States v. HarpootlianCourt of Appeals for the Second Circuit · 1928
  3. Nimmo's v. CommonwealthSupreme Court of Virginia · 1809
  4. United States v. NoojinDistrict Court, S.D. Alabama · 1907
  5. United States v. MinorCourt of Appeals for the Fourth Circuit · 1916

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