· 4/15/1871
United States v. Souders
Citations
- 27 F. Cas. 1267
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that whether the discovery rule tolled the statute of limitations on the plaintiff’s claims depended heavily on factual development of the record and thus was not necessarily fit for disposition on the pleadings
- noting that the application of the discovery rule generally presents a question of fact
- “Because the statute of limitations is an affirmative defense involving issues of fact, it typically cannot be decided on the pleadings alone” (quotation marks and internal citation omitted)
- “The discovery rule tolls the statute of limitations when the injury or its cause is not immediately evident to the victim.”
- “Because ‘the statute of limitations is an affirmative defense’ involving issues of fact, it typically cannot be decided on the pleadings alone.” (citation omitted)
- “Because ‘the statute of limitations is an affirmative defense’ involving issues of fact, it typically cannot be decided on the pleadings alone.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Nixon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.