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Soriano v. United States, 352 U.S. 270 (1957)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Soriano v. United States, 352 U.S. 270 (1957)
Soriano v. United States No. 49 Argued December 5, 1956 Decided January 14, 1957 352 U.S. 270
CERTIORARI TO THE COURT OF CLAIMS
Syllabus
Petitioner, a resident of the Philippines, sued in the Court of Claims to recover just compensation for the requisitioning by Philippine guerrilla forces of certain equipment and supplies during the Japanese occupation of the Philippine Islands. The suit was filed more than six years after the last alleged requisition.
Held: the suit was barred by the six-year statute of limitations. Pp. 270-277.
(a) The period of limitation applicable to petitioner’s case in the Court of Claims was not affected by his having filed a claim with the Army Claims Service. Pp. 273-275.
(b) The existence of hostilities during the Japanese occupation of the Philippines did not toll the statute of limitations in petitioner’s case. Haner v. Abbott, 6 Wall. 532, distinguished. Pp. 275-276.
(c) Limitations and conditions upon which the Government consents to be sued must be strictly observed, and exceptions thereto are not to be implied. P. 276.
(d) Petitioner’s suit was not filed within three years after the cessation of hostilities, and would be barred even if the three-year limitation of the statute were applicable. Pp. 276-277.
133 Ct.Cl. 971 affirmed on other grounds.
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Chicago: U.S. Supreme Court, "Syllabus," Soriano v. United States, 352 U.S. 270 (1957) in 352 U.S. 270 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=2M1YHK8P97R6B3E.
MLA: U.S. Supreme Court. "Syllabus." Soriano v. United States, 352 U.S. 270 (1957), in 352 U.S. 270, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2M1YHK8P97R6B3E.
Harvard: U.S. Supreme Court, 'Syllabus' in Soriano v. United States, 352 U.S. 270 (1957). cited in 1957, 352 U.S. 270. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=2M1YHK8P97R6B3E.
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