Little v. United States

W.D. Louisiana

Little v. United States

54 F.2d 711, 1931 U.S. Dist. LEXIS 1910

CourtDistrict Court, W.D. Louisiana

DecidedNovember 6, 1931

DocketNo. 2048

StatusPublished

Cited by1 cases

This text of 54 F.2d 711 (Little v. United States) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Little v. United States, 54 F.2d 711, 1931 U.S. Dist. LEXIS 1910 (W.D. La. 1931).

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Opinion

DAWKINS, District Judge.

This is a suit upon a war risk insurance policy. Defendant has exeepted to the jurisdiction of the court on the ground that plaintiff did not mail a copy of the petition and citation to the Attorney General and file with the elerk of this court certificate showing that the same had been done in compEance with [712]*712section 763 of title 28, TJ. S. C. (28 USCA § 763). Service was made on the district attorney, as required.

I do not think the omission is jurisdictional, but that the government is entitled to have further proceedings herein stayed until the copies have been sent by registered mail to the Attorney General and the certificate filed with the clerk, as provided by the statute.

Twenty days from the filing of this memorandum will therefore be allowed plaintiff within which to comply with the law, and, failing so,to do, the suit will be dismissed.

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DAWKINS, District Judge.

This is a suit upon a war risk insurance policy. Defendant has exeepted to the jurisdiction of the court on the ground that plaintiff did not mail a copy of the petition and citation to the Attorney General and file with the elerk of this court certificate showing that the same had been done in compEance with [712]*712section 763 of title 28, TJ. S. C. (28 USCA § 763). Service was made on the district attorney, as required.

I do not think the omission is jurisdictional, but that the government is entitled to have further proceedings herein stayed until the copies have been sent by registered mail to the Attorney General and the certificate filed with the clerk, as provided by the statute.

Twenty days from the filing of this memorandum will therefore be allowed plaintiff within which to comply with the law, and, failing so,to do, the suit will be dismissed.

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Bluebook (online)

54 F.2d 711, 1931 U.S. Dist. LEXIS 1910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-v-united-states-lawd-1931.

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