U.S. Court of Appeals for the Fifth Circuit, 1912

O'Sullivan v. Felix

U.S. Court of Appeals for the Fifth Circuit · Decided January 30, 1912 · Maxey, McCormick, Spielby

194 F. 88; 114 C.C.A. 166; 1912 U.S. App. LEXIS 1140

Counsel

W. S. Parkerson, for plaintiff in error., Alfred Billings, R. B. Montgomery, and Chas. S. Rice, for defendants in error.

Cases that cite this one

2 later published cases cite this decision.

Mitchell v. Greenough (9th Cir. 1938)
Moffett v. Commerce Trust Co. (District Court, W.D. Missouri 1940)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We are of the opinion that this is an action for damages, and not for a penalty. The statute of limitation of five years against suits for penalties or forfeitures (R. S. § 1047 [U. S. Comp. St. 1901, p. 727]) is therefore not applicable. We find no federal statute of limitations applicable to the case. It follows that the state *89statute, which prescribes the action in one year, must be applied. Civil Code of Louisiana, arts. 3536, 3537. We are constrained, therefore, to hold that the trial court correctly ruled that the action is barred.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.