Digest of Court of Claims Reports: From March, 1863, to December, 1875, and Appealed Cases in the Supreme Court, Volume 1 |
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Page xvii
... party by whom called , the date , and the names of the parties , and counsel present . And in the body of the deposition shall also be shown by whom the witness was examined and cross - examined . In his return the commissioner shall ...
... party by whom called , the date , and the names of the parties , and counsel present . And in the body of the deposition shall also be shown by whom the witness was examined and cross - examined . In his return the commissioner shall ...
Page xviii
... parties , will be deemed guilty of improper and illegal conduct , and his commission will be revoked . XVIII . SUBPOENA ... party may proceed to take testimony , notwithstanding that issue of fact has not been joined , or that issue on ...
... parties , will be deemed guilty of improper and illegal conduct , and his commission will be revoked . XVIII . SUBPOENA ... party may proceed to take testimony , notwithstanding that issue of fact has not been joined , or that issue on ...
Page xix
... party proposing to take depositions shall cause fifteen days ' notice to be given thereof to the Attorney - General , or to the claimant or his counsel , as the case may be . The notice must be in writing , and state the names of the ...
... party proposing to take depositions shall cause fifteen days ' notice to be given thereof to the Attorney - General , or to the claimant or his counsel , as the case may be . The notice must be in writing , and state the names of the ...
Page xxiv
... parties . Within five days after such filing , either party may file a written request to the court to find specifically any facts not already found , which such party may deem material to the judg ment in the case ; and the court will ...
... parties . Within five days after such filing , either party may file a written request to the court to find specifically any facts not already found , which such party may deem material to the judg ment in the case ; and the court will ...
Page xxv
... party is by law entitled to an ap- peal , the party desiring it shall make application to the Court of Claims by petition for the allowance of such appeal . Said petition shall contain a distinct specification of the errors alleged to ...
... party is by law entitled to an ap- peal , the party desiring it shall make application to the Court of Claims by petition for the allowance of such appeal . Said petition shall contain a distinct specification of the errors alleged to ...
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Common terms and phrases
12 Stat 13 Wallace 9 Wallace Abandoned or captured accepted Act 25th June Act 3d March Act 4th July Affirmed allowed appeal appointed Army assignment attorney authority award Captured cotton captured property Act charter charter-party citizen claimant clerk commercial intercourse commissioner compensation Confederate Congress constitute contractor Court of Claims damages deemed defendants delivery Demurrer discharge duty eminent domain entitled estoppel evidence Executive Department fact fraud Frémont fund further enacted Government II-Continued implied contract insurrectionary districts interest interplead judgment jurisdiction lease liable loyal Mandamus ment Motion Non-intercourse Act officer owner paid party payment petition possession private act prosecute provides purchase quartermaster rebellion receive recover regulations rendered residing rule Secretary Secretary of War statute statute of limitations suit Supreme Court SUPREME COURT DECISIONS taken thereof tion Treasury agent treaty trial Twenty-per-cent United vessel viii vouchers
Popular passages
Page xxxii - Department, involving disputed facts or controverted questions of law, where the amount in controversy exceeds $3,000, or where the decision will affect a class of cases or furnish a precedent for the future action of any Executive Department in the adjustment of a class of cases, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution.
Page liii - Concurrent with the Court of Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Page xxxii - Claims, and tbe same shall be there proceeded in as if originally commenced by the voluntary action of the claimant; and the Secretary of the Treasury may, upon the certificate of any Auditor or...
Page xxxiv - Every claim against the United States cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrues...
Page liii - States were suable, and of all set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court...
Page lxxxv - An Act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States...
Page xxxi - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States, either in a court of law, equity or admiralty, if the United States were suable...
Page lxxiii - The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States...
Page xxviii - ... messenger. The clerks shall take an oath for the faithful discharge of their duties, and shall be under the direction of the court in the performance thereof; and for misconduct or incapacity they may be removed by It from office ; but the court shall report such removals, with the cause thereof, to Congress, if in session, or If not, at the next session. The bailiff shall hold his office for a term of four years, unless sooner removed by the court for cause.
Page lxxvii - ... to be transmitted, with all the vouchers, papers, documents, and proofs pertaining thereto, to the said court, for trial and adjudication...