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McCLAINE v. RANKIN

No. 58.

197 U.S. 154 (1905)

25 S.Ct. 410

49 L.Ed. 702

McCLAINE v. RANKIN.

Supreme Court of United States.

Decided March 6, 1905.

Attorney(s) appearing for the Case

Mr. T.O. Abbott for plaintiff in error.

Mr. F.F. Oldham for defendant in error, contended that the action is not barred by the two-year provision of the statute of limitations of the State but falls under the three-year provisions. Bank v. Hawkins, 174 U.S. 364, and cases cited in opinion in this case below, 106 Fed. Rep. 791.

MR. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.

It is conceded that, in the absence of any provision of the act of Congress creating the liability, fixing a limitation of time for commencing actions to enforce it, the statute of limitations of the particular State is applicable. Rev. Stat. § 721; Campbell v. Haverhill, 155 U.S. 610. If, then, this action was barred...

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