McClure v. United States
United States Court of Claims
The Reporters1 statement of the case: These cases were transmitted to this court by the Secretary of the Treasury under the Bowman Act more than six years after the claims first accrued but while they were still under consideration in the department. The defendants’ motion to dismiss was based upon that fact which appeared upon the face of the petition in each case.
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The Reporters1 statement of the case: These cases were transmitted to this court by the Secretary of the Treasury under the Bowman Act more than six years after the claims first accrued but while they were still under consideration in the department. The defendants’ motion to dismiss was based upon that fact which appeared upon the face of the petition in each case. Defendants rely in support of their motion upon the plain provisions of section 3 of the act of March 3, 1883, in connection with section 1069 of the Revised Statutes. The act of 1883 expressly forbids this court “jurisdiction of…
1Opinion of the CourtBichardson, J.
Two separate claims in these cases were referred to the court by the Secretary of the Treasury, June 22,1883, pursuant to the provisions of section 2 of the Act of March 3, 1883, chapter 116 (22 Stat. L., 485), commonly called the “Bowman Act.”
The defendants have made a motion to dismiss for want of jurisdiction apparent on the face of the petitions filed by the claimants, because, as they allege, the claims are barred by Bevised Statutes, section 1069, and so by terms of section 3 of the act of March 3, 1883, are expressly excluded from the jurisdiction of this court.
Bach petition, filed…
2Cases cited13 opinions
- United States v. KaufmanSupreme Court of the United States · 1878
- United States v. LippittSupreme Court of the United States · 1880
- Kaufman v. United StatesSupreme Court of the United States · 1875
- United States v. FardenSupreme Court of the United States · 1879
- McKee v. United StatesUnited States Court of Claims · 1876
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3Cited by5 opinions
- Waddell v. United StatesUnited States Court of Claims · 1890
- Balmer v. United StatesUnited States Court of Claims · 1890
- Armstrong v. United StatesUnited States Court of Claims · 1894
- Battelle v. United StatesUnited States Court of Claims · 1886
- Blair v. United StatesUnited States Court of Claims · 1886