United States v. Ayres
Supreme Court of the United States
This case was an appeal from the Court of Claims, and the matter here reported presents the case of two motions, made at two different times, for the defendant in error to dismiss it; made the first time under one state of facts, and the second time under another and new state-; and also a motion on the other side, under the new state of facts, for a special action by this court hereinafter stated.
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This case was an appeal from the Court of Claims, and the matter here reported presents the case of two motions, made at two different times, for the defendant in error to dismiss it; made the first time under one state of facts, and the second time under another and new state-; and also a motion on the other side, under the new state of facts, for a special action by this court hereinafter stated. The case in its whole history was thus: One Ayres brought suit against the United States in the Court of Claims, and obtained a judgment for the amount claimed by him. An appeal was taken by the…
1Opinion of the Court · NelsonJustice Nelson
delivered the first opinion of the court in the matter.
“We shall not now undertake to give a construction of the several provisions of this section, which are new and anomalous, but shall leave that until cases of actual inconsistency or conflict may arise between the two modes of proceeding. So far as the present question is concerned, there is no great difficulty. The act expressly provides that the motion for a new trial may be made in the court below while the appeal from the judgment there is pending in this court. So far the section is clear; and, although it may be regarded as giving…
Also in this document: Opinion of the Court · Nelson.
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