Legal Opinion

Walker v. United States

U.S. Circuit Court for the District of Middle Alabama

Decided August 2, 1905PublishedCited by 36 opinions

On Motions for Judgment. On the 8th of April, 1898, B. W. Walker, late marshal for the Middle district of Alabama, brought suit against the United States in the Circuit Court, under the act of March 3, 1887, to recover $2,268 upon certain disallowed claims for mileage, fees, and expenses between February 14, 1890, and September 16, 1893. The United States interposed the plea of the statute of limitation of six years.

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On Motions for Judgment. On the 8th of April, 1898, B. W. Walker, late marshal for the Middle district of Alabama, brought suit against the United States in the Circuit Court, under the act of March 3, 1887, to recover $2,268 upon certain disallowed claims for mileage, fees, and expenses between February 14, 1890, and September 16, 1893. The United States interposed the plea of the statute of limitation of six years. Afterwards, on the 2d day of July, 1899, the United States set up a counterclaim for $842. All the claims were referred to a master to state the accounts. He reported on the…

1Opinion of the Court

JONES, District Judge.

The proviso to the first section of the act “to provide for the bringing of suits against the government of the United States,” approved March 3, 1887 (24 Stat. 505, c. 359 [U. S. Comp. St. 1901, p. 752]), under which this suit is brought, declares:

“No suit against the government of the United States shall be allowed under this act, unless the same shall have been brought within six years after the right accrued for which claim is made.”

Petitioner’s counsel contend that:

“The mere items of the account are but the details of the daily duties of the marshal, and continue…

2Cases cited18 opinions

  1. Sinking-Fund CasesSupreme Court of the United States · 1879
  2. Davis v. GraySupreme Court of the United States · 1873
  3. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  4. McElrath v. United StatesSupreme Court of the United States · 1880
  5. The SirenSupreme Court of the United States · 1869

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

3Cited by36 opinions

  1. State v. CarrCourt of Appeals for the Eighth Circuit · 1911
  2. Murphy v. StateArizona Supreme Court · 1947
  3. Ritter v. United StatesCourt of Appeals for the Third Circuit · 1928
  4. Vestal v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1945
  5. Smale & Robinson, Inc. v. United StatesDistrict Court, S.D. California · 1954

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

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