Dunwoody v. United States
United States Court of Claims
The Reporters’ statement of the case: The facts of this case will be found in the previous report (22 C. Cls. R., 269); and the grounds of the present motion are quoted in the opinion of the court. The liability incurred for the payment of the claimant’s salary, both as member and secretary, was strictly within the appropriation made for the fiscal year, and, upon the court’s own theory, ought to be allowed for that reason.
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The Reporters’ statement of the case: The facts of this case will be found in the previous report (22 C. Cls. R., 269); and the grounds of the present motion are quoted in the opinion of the court. The liability incurred for the payment of the claimant’s salary, both as member and secretary, was strictly within the appropriation made for the fiscal year, and, upon the court’s own theory, ought to be allowed for that reason. Where an appropriation for a single sum is made, and a single contract is entered into under that appropriation, the contract, so far as it exceeds the appropriation, is…
1Opinion of the CourtDavis, J.
The claimant moves to set aside the judgment heretofore entered in this case and for a new trial upon the following grounds:
“(1) Error of law in this, that the court has decided that so much of the act of Congress approved March 3,1879, as fixed the compensation of the members of the National Board of Health was impliedly repealed by subsequent legislation, whereas, on the contrary, said subsequent legislation refers only to the annual appropriations, and is a mere limitation and restriction upou said annual appropriations, and neither expressly nor by clear implication modifies or repeals…
2Cases cited1 opinion
- New York Central & Hudson River Railroad v. United StatesUnited States Court of Claims · 1886
3Cited by2 opinions
- Dunwoody v. United StatesSupreme Court of the United States · 1892
- Kinney v. United StatesU.S. Circuit Court for the District of Connecticut · 1894