Erwin v. United States
Supreme Court of the United States
Appeal from the Court of Claims. In January, 1873, the appellant brought suit in the Court of Claims, under the Captured and Abandoned Property Act, to recover the proceeds of two hundred and eighty-three bales of cotton, alleged to have belonged to him, and to have been seized and taken from his possession in Savannah, in February, 1865, by the military forces of the United States, and to have been sold by the agent of the Treasury Department, and tbe proceeds paid into tbe…
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Appeal from the Court of Claims. In January, 1873, the appellant brought suit in the Court of Claims, under the Captured and Abandoned Property Act, to recover the proceeds of two hundred and eighty-three bales of cotton, alleged to have belonged to him, and to have been seized and taken from his possession in Savannah, in February, 1865, by the military forces of the United States, and to have been sold by the agent of the Treasury Department, and tbe proceeds paid into tbe treasury. After issue had been joined in tbe suit, and evidence on behalf of tbe claimant bad been taken, but before a…
1Opinion of the CourtJustice Field
The purpose of the statute passed for the relief of the appel lant, as is manifest on its face, was to remove the bar of the Captured and Abandoned Property Act, which had arisen without his fault, or rather to confer jurisdiction upon the Court of Claims over his case, which otherwise would not have existed. It was not intended to enlarge or affect his title to the claim, or to change his position in court from what it would have been had he instituted his suit within the two years prescribed by that act. His claim must, therefore, be considered like the claims of other suitors, both with…
2Cases cited1 opinion
- United States v. GillisSupreme Court of the United States · 1877
3Cited by136 opinions
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- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Martin v. National Surety Co.Supreme Court of the United States · 1937
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