United States v. Higginbotham, 471 F.2d 653 (6th Cir. 1972). · Go Syfert
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United States v. Higginbotham, 471 F.2d 653 (6th Cir. 1972). Cases Citing This Book View Copy Cite
“here is a broad rule that, whenever some paramount authority prevents a person from exercising his legal remedy, the time during which he is thus prevented is not to be counted against him in determining whether the statute of limitations has barred his right.”
51 citation events (2 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Miller (ohnd, 2006-08-25)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (quoted) United States v. Miller
N.D. Ohio · 2006 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
here is a broad rule that, whenever some paramount authority prevents a person from exercising his legal remedy, the time during which he is thus prevented is not to be counted against him in determining whether the statute of limitations has barred his right.
cited Cited "see" Mitchell Andrew Grisson, (88-5882) Eddie Bryan Woods, (88-5906) Plaintiffs v. Henderson County, Tennessee Harold Hopper, Individually and in His Official Capacity as County Executive of Henderson County Jack Fowler, Individually and in His Official Capacity as Sheriff of Henderson County Bobby Ayers, Individually and in His Official Capacity as Ex-Chief Deputy and Current Sheriff of Henderson County, Tennessee
6th Cir. · 1989 · signal: see · confidence high
See Davis v. Wilson, 349 F.Supp. 905, 906-907 (E.D.Tenn.), aff'd, 471 F.2d 653 (6th Cir.1972).
discussed Cited "see" Palandjian v. Pahlavi
D. Mass. · 1985 · signal: see · confidence high
The court held that the defendant’s alleged facts were sufficient to invoke a duress defense, relying on the principle that a limitations period may be tolled “when a paramount authority prevents a person from exercising his legal rights.” Id. at 542 (emphasis added); see Davis v. Wilson, 349 F.Supp. 905, 906 (E.D.Tenn.) (statute of limitations may be tolled a “reasonable time” where the defendant sheriff allegedly took the plaintiff’s legal papers from his cell), aff'd, 471 F.2d 653 (6th Cir.1972).
Retrieving the full opinion text from the archive…
United States
v.
Higginbotham
72-1281.
Court of Appeals for the Sixth Circuit.
Oct 18, 1972.
471 F.2d 653
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: N.D. Ohio (1)

471 F.2d 653

U. S.
v.
Higginbotham

72-1281

UNITED STATES COURT OF APPEALS Sixth Circuit

10/18/72

1

W.D.Tenn.

AFFIRMED