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ALSOP V. RIKER, 155 U. S. 448 (1894)

U.S. Supreme Court

Alsop v. Riker, 155 U.S. 448 (1894)

Alsop v. Riker

Nos. 59, 63

Argued November 8, 1894

Decided December 10, 1894

155 U.S. 448


A court of equity, in the exercise of its inherent power to do justice between parties, will, when justice demands it, refuse relief even if the

Page 155 U. S. 449

time elapsed without suit is less than that prescribed by the statute of limitations.

The length of time during which a party neglects the assertion of his rights which must pass in order to show lathes in equity varies with the peculiar circumstances of each case, and is not subject to an arbitrary rule. Halstead v. Grinnan, 152 U. S. 412, affirmed and applied to this point.

The facts in this case, detailed in the opinion, disclose such laches on the part of Riker in asserting the rights which he here claims that a court of equity should refuse to interpose without inquiry whether the suit can or cannot be excluded from the operation of the statute of limitations of the New York.

The case is stated in the opinion.

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