Mahan v. United States
Supreme Court of the United States
This was a motion in a suit which had come here on appeal from the Court of Claims; the case being thus: Some years ago, by act of Congress, appeals were allowed from the.Court of Claims to this court; and this court, in conformity with authority given in the act, prescribed certain rules under which the appeals might be heard.
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This was a motion in a suit which had come here on appeal from the Court of Claims; the case being thus: Some years ago, by act of Congress, appeals were allowed from the.Court of Claims to this court; and this court, in conformity with authority given in the act, prescribed certain rules under which the appeals might be heard. They were thus: Rule I. In all eases hereafter decided in the Court of Claims, in which, by the act of Congress, such appeals are allowable, they shall be board in the Supreme Court upon the following record, and none other: 1. A transcript of the pleadings in the…
1Opinion of the CourtJustice Miller
The view taken by the appellant’s counsel of the rules regulating appeals from the Court of Claims, is a total misconception of their spirit if not of their letter. It is not possible to look at the three first rules adopted when the appellate jurisdiction of this court was first exercised, without seeing that the purpose was to bring nothing here for review but questions of law, leaving the Court of Claims to exer cise the functions of a jury in finding facts, equivalent to a special verdict, and with like effect.
In practice it was found that the Court of Claims did not, in many cases, make…
2Cited by16 opinions
- Luckenbach Steamship Co. v. United StatesSupreme Court of the United States · 1926
- United States v. Esnault-PelterieSupreme Court of the United States · 1936
- United States v. Esnault-PelterieSupreme Court of the United States · 1938
- Patterson v. Citizens' Nat. Bank of LubbockCourt of Appeals of Texas · 1921
- Rice v. United StatesSupreme Court of the United States · 1887
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