O'Sullivan v. Felix
| Decision Date | 30 January 1912 |
| Docket Number | 2,255. |
| Citation | 194 F. 88 |
| Parties | O'SULLIVAN v. FELIX et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Rehearing Denied March 5, 1912.
W. S. Parkerson, for plaintiff in error.
Alfred Billings, R. B. Montgomery, and Chas. S. Rice, for defendants in error.
Before McCORMICK and SHELBY, Circuit Judges, and MAXEY, District Judge.
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. Sec. 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 statute, 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.
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Mitchell v. Greenough
...purely colorable, is an action based upon the laws of the United States as to which the federal courts have jurisdiction. O'Sullivan v. Felix, 5 Cir., 194 F. 88, Id., affirmed, 233 U.S. 318, 34 S.Ct. 596, 58 L.Ed. 980; McClaine v. Rankin, 197 U.S. 154, 25 S.Ct. 410, 49 L.Ed. 702, 3 Ann.Cas.......
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Moffett v. Commerce Trust Co.
...not reveal that such actions are barred by limitations, except under one section not necessary to mention here. In the case of O'Sullivan v. Felix, 194 F. 88, the Court of Appeals, for the Fifth Circuit, said in reference to a similar action: "We find no federal statute of limitations appli......