Hendricks v. United States

Court of Claims

Hendricks v. United States

81 Ct. Cl. 609, 1935 U.S. Ct. Cl. LEXIS 231, 1935 WL 2206

CourtUnited States Court of Claims

DecidedJune 3, 1935

DocketNo. 41984

StatusPublished

Cited by5 cases

This text of 81 Ct. Cl. 609 (Hendricks v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hendricks v. United States, 81 Ct. Cl. 609, 1935 U.S. Ct. Cl. LEXIS 231, 1935 WL 2206 (cc 1935).

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Opinion

Pee Ctjbiam :

The plaintiff in this case misapprehends the jurisdiction of this court with respect to the claim prosecuted by him. Matters of the sort involved in this suit are not turned over to the Court of Claims. Plaintiffs are entitled under section 145 of the Judicial Code to file and prosecute such claims within six years from the date such right of action accrued. (See Section 156 of the Judicial Code.) The statute of limitations applicable to this court is jurisdictional. United States v. Wardwell, 112 U. S. 48, and the statute begins to run from the date when suit may first be brought upon the claim. Rice v. United States, 122 U. S. 611. The fact that the claim was held in the office of the Commandant of the Marine Corps, Washington, D. C., if such is the fact, does not toll the statute of limitations during such time. Plaintiff was honorably discharged from the [610]*610Marine Corps on March 10, 1928, and this suit was not filed until June 3, 1932, more than nine years thereafter.

Defendant’s plea to the jurisdiction of the court is sustained and the petition is dismissed. It is so ordered.

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Pee Ctjbiam :

The plaintiff in this case misapprehends the jurisdiction of this court with respect to the claim prosecuted by him. Matters of the sort involved in this suit are not turned over to the Court of Claims. Plaintiffs are entitled under section 145 of the Judicial Code to file and prosecute such claims within six years from the date such right of action accrued. (See Section 156 of the Judicial Code.) The statute of limitations applicable to this court is jurisdictional. United States v. Wardwell, 112 U. S. 48, and the statute begins to run from the date when suit may first be brought upon the claim. Rice v. United States, 122 U. S. 611. The fact that the claim was held in the office of the Commandant of the Marine Corps, Washington, D. C., if such is the fact, does not toll the statute of limitations during such time. Plaintiff was honorably discharged from the [610]*610Marine Corps on March 10, 1928, and this suit was not filed until June 3, 1932, more than nine years thereafter.

Defendant’s plea to the jurisdiction of the court is sustained and the petition is dismissed. It is so ordered.

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Bluebook (online)

81 Ct. Cl. 609, 1935 U.S. Ct. Cl. LEXIS 231, 1935 WL 2206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendricks-v-united-states-cc-1935.

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