[Download] "Milton v. United States." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

July 19, 2021

eBook details

Title: Milton v. United States.
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 06, 1939
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

The suit to recover for total and permanent disability, was on a war risk insurance policy, which lapsed on July 1, 1919, for nonpayment of the premium due June 1, 1919. Brought in December 1937, it was, upon defendants exception, that appellant did not file his suit within the time prescribed by statute, dismissed, for want of jurisdiction. The gist of this exception was: that plaintiff had ninety days from the mailing on September 17, 1937, of the letter denying his claim, within which to commence suit; that he did not file his petition until December 17, 1937, ninety-one days thereafter, and did not obtain service on the United States attorney, until December 29, 1937; that therefore, the court was without jurisdiction to entertain the suit, both because, the suit was not in law filed until citation was issued and served, and this was more than twelve days late, and because, if the filing of the petition was the filing of the suit, this was filed not within the ninety days allowed, but one day thereafter.