Legal Opinion · Dissent

Brandon v. United States

United States Court of Claims

Decided July 1, 1912No. Congressional, 13855. 7Published

The Reporters’ statement of the case: On May 29, 1911, the court, on defendants’ motion, dismissed claimant’s petition with an opinion by Chief Justice Peelle, Judge Howry dissenting, which opinions are reported in 46 Court of Claims, 559. On May 6, 1912, claimant’s motion for a new trial was overruled without an opinion. Howry, J., filed the following opinion dissenting from the court’s order dismissing petition.

1DissentHowry, J.

This cause was regularly transmitted to this court for an investigation and a report of the facts to Congress pursuant to a proper resolution under section 14 of the act of March 3, 1887 (set forth in the margin)1, commonly known as the Tucker Act. The cause was pending here March 3, 1911— being the time of the approval of the “Act to codify, revise, and amend the laws relating to the judiciary.” This last act did not go into effect until January 1, 1912, and contained a provision that the Court of Claims should have jurisdiction to hear and determine (that is, enter judgment) *404the claims of…

2Cases cited19 opinions

  1. Ex Parte GarlandSupreme Court of the United States · 1867
  2. Robert Y. Brent, Surviving of Robert Brent, Use of the United States v. The President and Directors of the Bank of WashingtonSupreme Court of the United States · 1836
  3. Bank of the United States v. DonnallySupreme Court of the United States · 1834
  4. United States v. PadelfordSupreme Court of the United States · 1870
  5. Ohio Life Insurance & Trust Co. v. DeboltSupreme Court of the United States · 1854

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