Legal Opinion

Smythe v. Inhabitants of New Providence Tp.

District Court, D. New Jersey

Decided October 28, 1918PublishedCited by 5 opinions

At Faw. Actions by Roland M. Smythe and by Elinor G. Sammis against the Inhabitants of the Township of New Providence. On demurrers to twelfth, thirteenth, sixteenth, and seventeenth pleas in the Smythe suit, and to twelfth, thirteenth, and sixteenth pleas in the Sammis suit.

1Opinion of the Court

HAIGHT, District Judge.

The main questions raised by the demurrers are: (1) Whether any of the provisions of the New Jersey statute of limitations (3 Comp. Slat. p. 3162 et seq.) are applicable to these suits; and (2) if so, whether it is the first or the sixth section thereof, or both. In reaching a solution of these, certain subsidiary questions arise, which will appear as they are hereafter discussed.

[ 1 ] 1. As it is sought to recover both the amount due on the bonds and the coupons attached thereto, a primary question arises — whether the statute of limitations affects the suits, so far…

2Cases cited23 opinions

  1. Lincoln County v. LuningSupreme Court of the United States · 1890
  2. Heine v. Levee CommissionersSupreme Court of the United States · 1874
  3. Koshkonong v. BurtonSupreme Court of the United States · 1882
  4. Amy v. DubuqueSupreme Court of the United States · 1879
  5. City of Lexington v. ButlerSupreme Court of the United States · 1872

18 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Irvine v. BossenCalifornia Supreme Court · 1944
  2. Little v. Emmett Irrigation DistrictIdaho Supreme Court · 1928
  3. State Ex Rel. Central Auxiliary Corp. v. RorabeckMontana Supreme Court · 1940
  4. Bashara v. HopkinsDistrict Court, N.D. Texas · 1921
  5. Central Trust Co. v. Board of County CommissionersSupreme Court of Kansas · 1922

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