Salvoni v. Pilson, Law No. 83691.
| Decision Date | 12 January 1949 |
| Docket Number | Law No. 83691. |
| Citation | 81 F. Supp. 654 |
| Parties | SALVONI v. PILSON. |
| Court | U.S. District Court — District of Columbia |
Matthias Mahorner, Jr., of Washington, D. C., for plaintiff.
Edward Stafford, of Washington, D. C., for defendant.
On September 22, 1948, the plaintiff filed a motion in this cause to revive and extend the life of the judgment entered herein on the 12th day of October 1934 in favor of the plaintiff and against the defendant for the sum of $9,150, with interest from October 12, 1934. Following the entry of the judgment an appeal by the defendant to the United States Court of Appeals for the District of Columbia resulted in a mandate affirming the judgment on July 29, 1935, 65 App.D.C. 55, 79 F.2d 411. It is conceded that, if the statute of limitations has not been tolled, the judgment expired July 29, 1947, in which event the motion to revive is too late.
The plaintiff insists, however, that, because she has been out of the United States and a resident of Italy since August 1937, and is now a resident of Italy, the statute was tolled because of the declaration of war between the United States and Italy on December 11, 1941, until September 15, 1947, the effective date of the Treaty of Peace between the United States and Italy. She insists that, by the terms of the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 1 et seq., although she was a citizen of the United States, her residence within the territory of a nation with which the United States was at war, precluded her from prosecuting this action during the period of such state of war, and, therefore, tolled the statute of limitations and extended the time within which a motion to revive the judgment ment may be made. The difficulty with the plaintiff's contention is that it is diametrically opposed to the position taken in her behalf when the defendant on March 30, 1943, objected to the plaintiff's motion for oral examination of the Dupont Iron Works, Inc., garnishee, against whom it was sought to discover assets answerable to the judgment now sought to be extended. There the defendant insisted that the plaintiff was then residing in the Kingdom of Italy and under control of an alien enemy country with which country a state of war existed between the United States. It was further contended by the defendant that the motion was filed without authority of the plaintiff, and did not represent her action, as postal communications between Italy and its...
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Salvoni v. Pilson, 10282.
...years after the date of the judgment, appellant filed a motion in the District Court to revive and extend it. The motion was denied. 81 F.Supp. 654. This was proper unless the statute of limitations was suspended by reason of the war. The appellant had resided in Italy since August 1937. Fr......