Munro v. United States
Headline: Court upheld time limit barring a veteran’s War Risk insurance lawsuit, ruling that serving a summons alone did not toll the filing deadline, so the claimant’s late complaint cannot proceed.
Holding: The Court held that the statutory requirements to file and serve the complaint were not met and that serving a summons alone did not start the suit, so the veteran’s claim was time-barred.
- Serving only a summons does not toll statutory filing deadlines.
- Veterans must file and serve the complaint strictly to avoid losing claims.
- Informal advice by a U.S. attorney cannot cure a missed statutory deadline.
Summary
Background
A veteran who said he was permanently and totally disabled sued the United States to recover under a War Risk insurance policy after being honorably discharged in 1919. The veteran’s lawyer filed a praecipe and had a summons served and mailed on March 16, 1933, but a copy of the complaint was not served on the United States Attorney until July 26, 1933, and the original complaint was not filed until April 23, 1936. The District Court entered judgment for the veteran in 1936 after the United States had answered in 1934 and later moved to dismiss.
Reasoning
The Court considered whether the steps taken in March 1933 qualified as starting the suit under the War Risk statute, which incorporates Tucker Act rules requiring filing a petition and serving a copy on the district attorney and Attorney General. The Court held those requirements were not met by serving a summons and mailing copies, and that the statute’s filing and service rules must be followed. The Court explained that suits versus the United States exist only by statutory permission, that the district attorney cannot waive statutorily imposed time limits, and that prior cases cited did not decide the same merits question.
Real world impact
The decision means veterans and others suing the federal government must strictly follow statutory filing and service rules or risk having claims barred. Informal advice or delay by government attorneys cannot cure a missed statutory deadline. This ruling resolves a split in lower courts about tolling and time limits for similar suits.
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