United States v. Lynah
Supreme Court of the United States
EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. . On February 4, 1897, defendants in error commenced their action in the Circuit Court of the United States for the District of South Carolina to recover of the United States the sum of $10,000 as compensation for certain real estate (being a part of a plantation known as Verzenobre) taken and appropriated by the defendant.
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EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. . On February 4, 1897, defendants in error commenced their action in the Circuit Court of the United States for the District of South Carolina to recover of the United States the sum of $10,000 as compensation for certain real estate (being a part of a plantation known as Verzenobre) taken and appropriated by the defendant. The. petition alleged in the first paragraph the citizenship and residence of the petitionersin the second, that they had a claim against the United States under an implied contract for…
1Opinion of the CourtJustice Brewer
There are three principal questions in this case: First, did the Circuit Court have jurisdiction; second, was there a taking of the land within the meaning of the Fifth Amendment; and, third, if there was a taking, was the government subject to the obligation of making compensation therefor ?
Did the Circuit Court have jurisdiction ? It may be premised that this question was not raised in the Circuit Court, nor was it presented to this court on the first argument but only upon the reargument. This omission on the part of the learned counsel for the government is certainly suggestive.…
2Cases cited21 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Kohl v. United StatesSupreme Court of the United States · 1876
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Schillinger v. United StatesSupreme Court of the United States · 1894
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3Cited by359 opinions
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- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
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