United States v. Summerlin, 310 U.S. 414 (1940)
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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.
United States v. Summerlin, 310 U.S. 414 (1940)
United States v. Summerlin No. 715 Argued April 29, 1940 Decided May 27, 1940 310 U.S. 414
CERTIORARI TO THE SUPREME COURT OF FLORIDA
Syllabus
1. A claim assigned to the Federal Housing Administrator became a claim of, and enforceable by, the United States. Act of June 27, 1934. P. 416.
2. Whether the United States sues in its own court or in a state court, it is not bound by state statutes of limitations or subject to the defense of laches. P. 416.
The fact that the claim in question was acquired by the United States under the National Housing Act does not take the case out of the rule. P. 416.
3. A state statute providing that claims against a decedent’s estate not filed within a specified period shall be void might deprive the state probate court of jurisdiction to receive and pass upon claim of the United States, but cannot affect its validity. P. 417.
140 Fla. 475, 191 So. 842, reversed.
Certiorari, 309 U.S. 647, to review the affirmance of a judgment declaring a claim of the United States against a decedent’s estate void because not filed within the time prescribed by a state statute.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Summerlin, 310 U.S. 414 (1940) in 310 U.S. 414 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=5I2LPZSGTIRS2BT.
MLA: U.S. Supreme Court. "Syllabus." United States v. Summerlin, 310 U.S. 414 (1940), in 310 U.S. 414, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5I2LPZSGTIRS2BT.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Summerlin, 310 U.S. 414 (1940). cited in 1940, 310 U.S. 414. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=5I2LPZSGTIRS2BT.
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