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O'Sullivan v. Felix

O'Sullivan v. Felix, 194 F. 88 (5th Cir. 1912)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 30, 1912
Docket
No. 2,255
Judges
Maxey, McCormick, Spielby
Citations
194 F. 88114 C.C.A. 1661912 U.S. App. LEXIS 1140
Disposition
Affirmed.
Cited by 2
Headnotes
Action (§ 19*) — Courts (§ 875*) — Statute Applicable — Nature oe Action. An action under Rev. St. § 1980' (U. S. Comp. St. 1901, p. 1262), for an assault committed in attempting to prevent plaintiff from voting, in violation of the civil rights act, is one foi’ damages, and not for a penalty, and is governed as to limitation by' the statutes of the state where brought. [Ed. Note. — For other cases, see Action, Cent. Dig. §§ 105, 100; Dec. Dig. § 19;* Courts, Cent. Dig. § 983; Dec. Dig. § 375.*]
Summary
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action at law by E. A. O’Sullivan against Paul Eelix and others. Judgment for defendants and plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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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 *89 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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Cited by 2 cases

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1938: 11940: 119382026peak 1938 · 1

Relies on it most ⓘ

  1. Mitchell v. Greenough100 F.2d 184 (9th Cir. 1938)
  2. Moffett v. Commerce Trust Co.87 F. Supp. 438 (W.D. Mo. 1940)

Most recent

  1. Moffett v. Commerce Trust Co.87 F. Supp. 438 (W.D. Mo. 1940)
  2. Mitchell v. Greenough100 F.2d 184 (9th Cir. 1938)

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