United States v. Summerlin, 310 U.S. 414 (1940). · Go Syfert
United States v. Summerlin, 310 U.S. 414 (1940). Cases Citing This Book View Copy Cite
1,963 citation events (460 in the last 25 years) across 149 distinct courts.
Strongest positive: United States v. Weinlein (ca2, 2024-07-25) · Strongest negative: Old Ben Coal Co v. OWCP (ca7, 2002-05-31)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
1940 1983 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" Old Ben Coal Co v. OWCP (2×) also: Cited "see"
7th Cir. · 2002 · signal: but see · quote attribution · 1 verbatim quote · confidence high
when the united states becomes entitled to a claim acting in its governmental capacity and asserts its claim in that right, it cannot be deemed to have abdicated its governmental authority so as to become sub- ject to a state statute putting a time limit upon enforcement.
examined Cited "but see" Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and James E. Hilliard (11×) also: Cited "see"
7th Cir. · 2002 · signal: but see · 2 verbatim quotes · confidence high
when the united states becomes entitled to a claim acting in its governmental capacity and asserts its claim in that right, it cannot be deemed to have abdicated its governmental authority so as to become subject to a state statute putting a time limit upon enforcement.
discussed Cited as authority (verbatim quote) United States v. Weinlein
2d Cir. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well settled that the united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.
discussed Cited as authority (verbatim quote) United States v. Yetisen
D. Or. · 2022 · quote attribution · 1 verbatim quote · confidence high
laches is unavailable against the united states when it is proceeding in its sovereign capacity.
discussed Cited as authority (verbatim quote) WALSH v. UNITED STATES POSTAL SERVICE
W.D. Pa. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well settled that the united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.
discussed Cited as authority (verbatim quote) Federal Trade Commission v. Superior Products International II, Inc.
D. Kan. · 2020 · quote attribution · 1 verbatim quote · confidence high
aches is a line of defense that usually may not be asserted against the united states.
discussed Cited as authority (verbatim quote) United States v. Dyncorp International, LLC
D.D.C. · 2017 · quote attribution · 1 verbatim quote · confidence high
this circuit has adopted the summerlin rule.
examined Cited as authority (verbatim quote) Alaska Department of Environmental Conservation v. Environmental Protection Agency (2×)
SCOTUS · 2004 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
it is well settled that the united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights
examined Cited as authority (verbatim quote) Beckley Capital Ltd. Partnership v. DiGeronimo (5×) also: Cited "see"
D.N.H. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
he united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.
discussed Cited as authority (verbatim quote) United States v. Diane Sobkowicz, M.D.
9th Cir. · 1993 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well settled that the united states is not ... subject to the defense of laches in enforcing its rights.
discussed Cited as authority (quoted) United States v. Lattas
N.D. Ill. · 2023 · quote attribution · 1 verbatim quote · confidence low
tate statutes of limitations are inapplicable to actions filed by the federal government.
examined Cited as authority (quoted) United States v. Dyncorp Int'l LLC (3×)
unknown court · 2017 · quote attribution · 3 verbatim quotes · confidence low
this circuit has adopted the summerlin rule.
examined Cited as authority (quoted) Hooks v. International Longshore & Warehouse Union, Local 8 (3×)
D. Or. · 2014 · quote attribution · 3 verbatim quotes · confidence low
he united states is not ... subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) United States v. Claude Louis Duboc (3×)
11th Cir. · 2012 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it is well settled that the united states is not ... subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) United States v. Chartis Insurance Agency, Inc. (2×)
E.D. Va. · 2011 · quote attribution · 2 verbatim quotes · confidence low
when the united states becomes entitled to a claim, acting in its governmental capacity and asserts its claim in that right, it cannot be deemed to have abdicated its governmental authority so as to become subject to a state statute putting a time limit upon enforcement
examined Cited as authority (quoted) United States v. Portrait of Wally (3×)
S.D.N.Y. · 2009 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it is well settled that the united states is not ... subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) United States v. Goldstein (3×)
2d Cir. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
he united states is not bound by state statutes of limitation ... in enforcing its rights.
examined Cited as authority (quoted) United States v. Thurston (3×)
D. Me. · 2004 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
t is well settled that the united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) United States v. Saccoccia (3×)
D.R.I. · 2004 · quote attribution · 3 verbatim quotes · confidence low
it is well settled that the united states is not ... subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) Elbert L. Hatchett and Laurestine Hatchett v. United States (3×)
6th Cir. · 2003 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it is well settled that the united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) United States Ex Rel. Roby v. Boeing Co. (3×)
S.D. Ohio · 2000 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it is well settled that the united states is not ... subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) United States v. Murdock MacHine and Engineering Company of Utah, Logan A. Bagley, Trustee for Murdock MacHine and Engineering Company of Utah (3×)
10th Cir. · 1996 · quote attribution · 3 verbatim quotes · confidence low
it is well settled that the united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) Securities & Exchange Commission v. Lorin (3×)
S.D.N.Y. · 1994 · quote attribution · 3 verbatim quotes · confidence low
it is well settled that the united states is not bound by the state statutes of limitations or subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) United States v. Maldonado (3×)
S.D.N.Y. · 1994 · quote attribution · 3 verbatim quotes · confidence low
it is well settled that the united states is not ... subject to the defense of laches in enforcing its rights.
examined Cited as authority (quoted) Securities & Exchange Commission v. Willis (3×)
S.D.N.Y. · 1991 · quote attribution · 3 verbatim quotes · confidence low
it is well settled that the united states is not ... subject to the defense of laches in enforcing its rights
examined Cited as authority (quoted) Provident Life & Accident Insurance Company v. United States (3×)
E.D. Tenn. · 1991 · quote attribution · 3 verbatim quotes · confidence low
it is well settled that the united states is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.
discussed Cited as authority (rule) In re Commonwealth
nmariana · 2025 · confidence medium
E.g., United States v. Summerlin, 310 U.S. 414, 416 (1940) (stating that “[i]t is well settled” that laches does not apply to the United States); Illinois v. Kentucky, 1990 U.S. LEXIS 6365 , at *53 (U.S. June 29, 1990) (recognizing that laches does not apply to sovereigns such as the states); United States v. Patras, 544 Fed.
discussed Cited as authority (rule) San Francisco Baykeeper v. Sunnyvale
N.D. Cal. · 2025 · confidence medium
The argument begins with the long judicial 1 United States v. Summerlin, 310 U.S. 414, 413 (“It is well settled that the United States is not . . . 2 subject to the defense of laches in enforcing its rights.”); Utah Power & Light Co. v. United States, 3 243 U.S. 389 , 408–09 (1917) (rejecting equitable estoppel against the government).
discussed Cited as authority (rule) Securities and Exchange Commission v. Markman Biologics Corp.
D. Nev. · 2024 · confidence medium
The SEC replies that the defendants have not 16 alleged any affirmative misconduct. 17 “It is well settled that the United States is not . . . subject to the defense of laches in 18 enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940).
discussed Cited as authority (rule) United States v. White
E.D.N.C. · 2023 · confidence medium
“It is well settled that the United States is not ... subject to the defense of laches in enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940).
discussed Cited as authority (rule) Consumer Financial Protection Bureau v. TransUnion
N.D. Ill. · 2023 · confidence medium
The federal government is generally not “subject to the defense of laches in enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940) (citations omitted); see also Utah Power & Light Co. v. United States, 243 U.S. 389, 409 (1917) (“As a general rule, laches . . . is no defense to a suit by [the government] to enforce a public right or protect a public interest.”).
discussed Cited as authority (rule) Securities and Exchange Commission v. Swaffer
N.D. Ohio · 2023 · confidence medium
United States v. Summerlin, 310 U.S. 414, 416 (1940) (“It is well settled that the United States is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.”); see also S.E.C. v. Silverman, 328 F. App’x 601, 605 (11th Cir. 2009) (“[W]e agree with the district court’s finding that laches is not available as a defense to this SEC civil law enforcement action.”).
cited Cited as authority (rule) United States v. Sanders
S.D. Cal. · 2023 · confidence medium
United States v. Summerlin, 310 U.S. 414, 416 (1940). 22 Under the Summerlin test, the United States is not bound by state statutes of 23 limitations so long as two conditions are met.
discussed Cited as authority (rule) United States v. Williams
M.D. Fla. · 2023 · confidence medium
“It is well settled that the United States is not bound by state statutes of limitation . . . in enforcing its rights.” Indeed, “[w]hen the United States becomes entitled to a claim, acting in its governmental capacity and asserts its claim in that right, it cannot be deemed to have abdi- cated its governmental authority so as to become subject to a state statute putting a time limit upon enforce- ment.” Id.(alteration in original)(quoting United States v. Summerlin, 310 U.S. 414, 416-17 (1940)); see also United States v. Fernon, 640 F.2d 609, 612 (5th Cir. Mar. 1981); United States v.…
discussed Cited as authority (rule) Professional Home Health Care v. Commonwealth of Kentucky Cabinet for Health and Family Services
Ky. Ct. App. · 2023 · confidence medium
Ed. 1283 (1940), for the general proposition that “laches does not apply to government actions that assert or seek to enforce public rights or interests.” (Hearing Officer’s Order at 17.) However, PHHC correctly points out Summerlin actually says, “the United States is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.” Summerlin, 310 U.S. at 416 , 60 S. Ct. at 1020 (emphasis added).
cited Cited as authority (rule) United States v. Eickhoff, Jr.
W.D. Mo. · 2023 · confidence medium
United States v. Summerlin, 310 U.S. 414, 416 (1940); O'Rourke v. Duncan, No. 4:10-CV-957 CEJ, 2011 WL 1297546 , at *6 (E.D.
discussed Cited as authority (rule) NHN Holdings v. U.S. Small Business Administration
D. Utah · 2023 · confidence medium
BY THE COURT: TedAtewart nited States District Judge 2 United States v. Summerlin, 310 U.S. 414, 416 (1940). 3 United States v. Ward, 985 F.2d 500, 503 (10th Cir. 1993) (stating that “federal law governs issues involving the rights of the United States arising under nationwide federal programs”). 4 Docket No. 2-1 § 27. 5. 28 U.S.C. § 2415 (c); Ward, 985 F.2d at 503 ; LPP Mortg.
discussed Cited as authority (rule) Pereira v. Omansky
Bankr. S.D.N.Y. · 2022 · confidence medium
The ancient doctrine known as nullum tempus occurrit regi, or “no time runs against the king,” was recognized by the U.S. Supreme Court in United States v. Summerlin, where the Court held that “the United States is not bound by state statutes of limitations or subject to the defense of laches in enforcing its rights.” 310 U.S. 414, 416 (1940).
discussed Cited as authority (rule) Boykin v. United States
W.D.N.C. · 2022 · confidence medium
United States v. Summerlin, 310 U.S. 414, 416 (1940) (“It is well settled that the United States is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.”); United States v. Wade, 790 F. App'x 906 , 909 (10th Cir. 2019) (holding that the operative statute of limitations period that applied to the government’s tax collection claim under the Utah Uniform Fraudulent Transfer Act was ten years after the assessment pursuant to 26 U.S.C. § 6502 (a)(1) and not the shorter state law statute of limitations period); United States v. Patras, 544 F. …
cited Cited as authority (rule) Bledsoe III, Trustee v. Flamingo Properties, LLC
Bankr. E.D.N.C. · 2021 · confidence medium
Id. at 303-04 (citing U.S. v. Summerlin, 310 U.S. 414, 416 (1940)).
discussed Cited as authority (rule) Ventura-Melendez v. United States
D.P.R. · 2021 · confidence medium
LEGAL ANALYSIS A. Loss of title of United States to lands in territories through adverse possession or prescription pursuant to 48 U.S.C. § 1489 48 U.S.C. § 1489 provides that “[o]n and after March 27, 1934, no prescription or statute of limitations shall run, or continue to run, against the title of the United States to lands in any territory or possession or place or territory under the jurisdiction or control of the United States; and no title to any such lands of the United States or any right therein shall be acquired by adverse possession or prescription, or otherwise than by conveya…
cited Cited as authority (rule) United States v. Henco Holding Corp.
11th Cir. · 2021 · confidence medium
“It is well settled that the United States is not bound by state statutes of limitation . . . in enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940).
cited Cited as authority (rule) United States v. Navistar Inc.
N.D. Ill. · 2020 · confidence medium
Generally speaking, “the United States is not . . . subject to the defense of laches in enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940); see also Alaska Dep't of Envtl.
cited Cited as authority (rule) United States v. Salem
N.D. Ill. · 2020 · confidence medium
“It is well settled that the United States is not . . . subject to the defense of laches in enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940).
discussed Cited as authority (rule) Holloway v. Brown
D. Utah · 2020 · confidence medium
“It is well settled that the United States is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.” United States v. Neilson, 986 F.2d 1430 , No. 91-4175, 1992 WL 401598, at *4 (10th Cir. 1992) (unpublished table opinion) (quoting United States v. Summerlin, 310 U.S. 414, 416 (1940)).
discussed Cited as authority (rule) Newcom v. U.S. Commodity Futures Trading Commission
M.D. Fla. · 2020 · confidence medium
“It is well settled that the United States is not bound by state statutes of limitation or subject to the defense or laches in enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940).
discussed Cited as authority (rule) United States v. Weatherly
M.D. Fla. · 2020 · confidence medium
Although a statute of limitations defense is most appropriately raised at summary judgment, see La Grasta v. First Union Sec., Inc., 358 F.3d 840, 845 (11th Cir. 2004), the Court can nonetheless decide this issue here because Florida’s statute of limitations cannot bind the United States, United States v. Summerlin, 310 U.S. 414, 416 (1940).
discussed Cited as authority (rule) Dombrowski v. United States
E.D. Mich. · 2020 · confidence medium
However, “[i]t is well settled that the United States is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights.” United States v. Summerlin, 310 U.S. 414, 416 (1940).
discussed Cited as authority (rule) United States v. Faulkner
S.D. Fla. · 2020 · confidence medium
United States v. Summerlin, 310 U.S. 414, 416 (1940); see also United States v. Fernon, 640 F.2d 609, 612 (5th Cir. 1981); United States v. Delgado, 321 F.3d 1338, 1348 (11th Cir. 2003); United States v. Moore, 968 F.2d 1099, 1100 (11th Cir. 1992).
discussed Cited as authority (rule) Schmuckley v. Rite Aid Corporation
E.D. Cal. · 2020 · confidence medium
United States v. Summerlin, 310 U.S. 414, 416 (1940) (“It is well settled that the United 27 States is not . . . subject to the defense of laches in enforcing its rights.”) (citation omitted); (citing 28 United States v. Menatos, 925 F.2d 333, 335 (9th Cir. 1991) (“The government is not subject to 1 the defense of laches when enforcing its rights.”) (citations omitted), superseded by statute on 2 other grounds, as recognized in United States v. Phillips, 20 F.3d 1005, 1007 (9th Cir. 1994)). 3 However, the law on this issue is not as clear-cut as plaintiffs contend.
United States
v.
Summerlin, Ancillary Administratrix
715.
Supreme Court of the United States.
May 27, 1940.
310 U.S. 414
Mr. Frederick Bernays Wiener, with whom Solicitor General Biddle, Assistant Attorney General Shea, and Mr. Melvin H. Siegel were on the brief, for the United States., Mr. Asbury Summerlin for respondent.
Hughes.
Cited by 612 opinions  |  Published
11 passages pin-cited by 17 cases
Pinpoint authority: #4,028 of 633,719
Citer courts: S.D. New York (12) · Tenth Circuit (3) · Eleventh Circuit (3) · Second Circuit (3) · Sixth Circuit (3) · D. Maine (3) · S.D. Ohio (3)
Mr. Chief Justice Hughes

delivered the opinion of the Court.

By a series of transactions, which it is unnecessary to review, the Federal Housing Administrator, acting on behalf of the United States, became the assignee of a claim against the estate of one J. F. Andrew, deceased.[*415] Respondent was appointed ancillary administratrix of that estate by the County Judge of Polk County, Florida. Respondent, on August 13, 1937, gave notice by publication to the creditors of the .estate to file proof of their claims within eight months as required by the state statute.

The United States filed its claim in the office of the County Judge on July 1, 1938, with a petition asking that the claim be allowed with the priority accorded by the federal statutes (31 U. S. C. 191, 192) and also asserting that the state statute as to the time for filing claims did not apply to claims of the United States. The County Judge denied the petition, holding that the state statute was applicable and further adjudging that the claim of the United States be “disallowed as a claim against the estate” of the decedent.

The United States appealed to the Circuit Court for Polk County, where the order of the County Judge was in all respects affirmed. The judgment explicitly declared the claim of the United States to be “void,” because not filed within the time prescribed. An appeal to the Supreme Court of Florida resulted in affirmance of the judgment of the Circuit Court. 140 Fla. 475; 191 So. 842. We granted certiorari because of the importance of the question. 309 U. S. 647.

The statute of Florida (§ 5541 (92) Compiled General Laws of 1927, Supp.) provides:

“No claim or demand, whether due or not, direct or contingent, liquidated or unliquidated, or claim for personal property in the possession of the personal representative or for damages, shall be valid or binding upon an estate, or upon the personal representative thereof, or upon any heir, legatee, or devisee of the decedent unless the same shall be in writing and contain the place of residence and post office address of the claimant and shall be sworn to by the claimant, his agent or attorney, and be filed in the office of the county judge granting letters.[*416] Any such claim or demand not so filed within eight months from the time - of the first publication of the notice to creditors shall be void even though the personal representative has recognized such claim or demand by paying a portion thereof or interest thereon or otherwise: . .

The claim assigned to the Federal Housing Administrator acting on behalf of the United States became the claim of the United States, and the United States thereupon became entitled to enforce it. Act of June 27, 1934, 48 Stat. 1246. Compare Graves v. New York ex rel. O’Keefe, 306 U. S. 466, 477; Pittman v. Home Owners’ Loan Corp., 308 U. S. 21, 32, 33.

It is well settled that the United States is not bound by state statutes of limitation or subject to the defense of laches in enforcing its rights. United States v. Thompson, 98 U. S. 486; United States v. Nashville, C. & St. L. Ry. Co., 118 U. S. 120, 125, 126; Stanley v. Schwalby, 147 U. S. 508, 514, 515; Guaranty Trust Co. v. United States, 304 U. S. 126, 132; Board of Commissioners v. United States, 308 U. S. 343, 351. The same rule applies whether the United States brings its suit in its own courts or in a state court. Davis v. Corona Coal Co., 265 U. S. 219, 222, 223.

We are of the opinion that the fact that the claim was acquired by the United States through operations under the National Housing Act does not take the case out of this rule. The state court treated the case as in the same category as one of “statutes providing for conveyancing and marketing negotiable instruments, and conducting other business relations.” But this is not a case relating to the application of the law merchant as to the transfer of negotiable paper and the diligence necessary to charge an endorser or as to the incurring by the United States of certain responsibilities by becoming a party to such paper. United States v. Barker, 12 Wheat. 559; Cooke v. United States, 91 U. S. 389, 396. Even as a holder of such paper,[*417] as e.g. negotiable bonds, the United States suing the maker is not bound by a state statute of limitations. United States v. Nashville, C. & St. L. Ry. Co., supra. When the United States becomes entitled to a claim, acting in its governmental capacity, and asserts its claim in that right, it cannot be deemed to have abdicated its governmental authority so as to become subject to a state statute putting a time limit upon enforcement. Chesapeake & Delaware Canal Co. v. United States, 250 U. S. 123, 126, 127.

The state court, however, has said that the statute in question is not a statute of limitations, but rather a statute of “non-claim” for the orderly and expeditious settlement of decedents’ estates. Presumably the court refers to the provision of the statute that if a claim is not filed within the specified period it “shall be void even though the personal representative has recognized such claim or demand by paying a portion thereof or interest thereon or otherwise.”

If this were a statute merely determining the limits of the jurisdiction of a probate court and thus providing that the County Judge should have no jurisdiction to receive or pass upon claims not filed within the eight months, while leaving an oportunity to the United States otherwise to enforce its claim, the authority of the State to impose such a limitation upon its probate court might be conceded. But if the statute, as sustained by the state court, undertakes to invalidate the claim of the United States, so that it cannot be enforced at all, because not filed within’ eight months, we think the statute in that sense transgressed the limits of state power. Davis v. Corona Coal Co., supra.

Mr. Justice Story had occasion to consider the application to the Government of a state statute purporting to bar claims against decedents’ estates in United States v. Hoar, Fed. Cas. No. 15,373; 2 Mason 311. There an action was brought by the United States against an ad[*418] ministrator of an estate and the defendant pleaded the general statute of limitation of Massachusetts as to personal actions and also the particular statute limiting suits against executors and administrators to four years after the acceptance of the trust. Mr. Justice Story thought it clear that the defense of these statutes of limitations could not avail. The question whether a further defense of plene administravit was good, that is, whether a distribution of surplus assets after the payment of all known debts among the heirs, either voluntary or under a probate decree, would protect the administrator from suit by the United States, it was thought not necessary to decide. Nor have we such a question here.

We hold that the state statute in this instance requiring claims to be filed within eight months cannot deprive the United States of its right to enforce its claim; that the United States still has its right of action against the administrator, even though the probate court is to be regarded as having no jurisdiction to receive a claim after the expiration of the specified period.

So far as the judgment goes beyond the question of the jurisdiction of the probate court and purports to adjudge that the claim of the United States is void as a claim against the estate of the decedent because of failure to comply with the statute, the judgment is reversed.

The cause is remanded for further proceedings not inconsistent with this opinion.

Reversed.