The Protector
Supreme Court of the United States
This was a motion by Mr. P. Phillips to dismiss an appeal, on the ground that it was not brought within the time allowed by law. The case was this: Freeborn, a resident of New York, had filed a libel against the ship Protector,, in the District Court for the Southern Disti’ict of Alabama, January 25th, 1859, for the price of certain necessary supplies and materials previously furnished to the ship in the port of New York.
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This was a motion by Mr. P. Phillips to dismiss an appeal, on the ground that it was not brought within the time allowed by law. The case was this: Freeborn, a resident of New York, had filed a libel against the ship Protector,, in the District Court for the Southern Disti’ict of Alabama, January 25th, 1859, for the price of certain necessary supplies and materials previously furnished to the ship in the port of New York. A decree dismissing the libel was pronounced in December, 1859. This decree was affirmed by Mr. Justice Campbell, in the Circuit Court, on the 5 ill of April, 1861. The…
1Opinion of the CourtJustice Bradley
It is plain that by the literal terms of the act of 1789 the period of limitation had expired more than three years prior to the taking of this appeal. But this court has décided, in the case of Hanger v. Abbott, that a statute of limitations did not run, during the rebellion, against a party residing in New Hampshire, so as to preclude his remedy for a debt against a person residing in Arkansas, one of the insurrectionary States. It is unnecessary to go over again the ground which was examined in that case. We are of opinion that the same law applies to this. And by throwing out of the eight…
2Cited by9 opinions
- Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
- Amy v. WatertownSupreme Court of the United States · 1889
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Amiss v. McGinnisWest Virginia Supreme Court · 1878
- McKinzie v. HillSupreme Court of Missouri · 1873
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