Finn v. United States
Citations
- 123 U.S. 227
- 8 S. Ct. 82
- 31 L. Ed. 128
- 1887 U.S. LEXIS 2165
Syllabus
<p>APPEAL FROM THE COURT OF CLAIMS.</p> <p>It is a condition or qualification of the right to a judgment against the United States in the Court of Claims, that the claimant, when not laboring under one of the disabilities named in the statute, voluntarily put his claim in suit, or present it at the proper .department for settlement, within six years after suit could be commenced thereon against the United States.</p> <p>The general rule that limitation does not operate by its own force as a bar, but is a defence which must be set up, to be availed of, does not apply to suits in the Court of Claims against the United States; and it is the duty of that court to dismiss the petition of its own motion, when it appears that the claim is barred, although the statute may not have been pleaded.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting “the statute of limitations is a plea personal to the debtor” but can be asserted by a party in privity (internal quotation marks and citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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