Munro v. United States, 303 U.S. 36 (1938)

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Munro v. United States

No. 218

Argued January 6, 7, 1938
Decided January 31, 1938
303 U.S. 36

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. A suit in the District Court to recover on a War Risk insurance policy, the procedure in which is the same as that provided in §§ 5 and 6 of the Tucker Act, was not brought in time to toll the statute of limitations where the complaint was not filed with the clerk of the court before the period of limitations expired. P. 39.

To commence the suit in accordance with §§ 5 and 6 of the Tucker Act, it was not enough to serve a copy of the summons upon the District Attorney and mail another to the Attorney General.

2. Suits against the United States can be maintained only by permission, in the manner prescribed and subject to the restrictions imposed. The Conformity Act cannot be relied upon to change any of these. P. 41.

3. A District Attorney has no power to waive conditions or limitations imposed by statute in respect of suits against the United States. Id.

89 F.2d 614 affirmed.

Certiorari, 302 U.S. 668, to review the reversal of a judgment against the United States in a suit on a War Risk Insurance claim.