Stone v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. On April 16, 1891, appellant, under authority of the act of March 3, 1891, c. 538, 26 Stat. 851, filed his' petition in the Court of Claims to recover the sum of $12,375 for certain property, to wit, two geldings, of the value of $500 each, and ninety-one head of horses, of the value of $125 each, alleged to have been taken or destroyed by the Cheyenne and Arapahoe Indians on November 17, 1867. A traverse having been filed the case was…
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APPEAL PROM THE COURT OP CLAIMS. On April 16, 1891, appellant, under authority of the act of March 3, 1891, c. 538, 26 Stat. 851, filed his' petition in the Court of Claims to recover the sum of $12,375 for certain property, to wit, two geldings, of the value of $500 each, and ninety-one head of horses, of the value of $125 each, alleged to have been taken or destroyed by the Cheyenne and Arapahoe Indians on November 17, 1867. A traverse having been filed the case was submitted to the court upon the evidence. Certain findings of fact were made, the second of which is as follows : “The…
1Opinion of the CourtJustice Bbewee
The findings of the Court of Claims in an action at law determine all matters of fact precisely as the verdict of a jury. Act of March 3, 188-7, c. 359, §§ 2, 7, 24 Stat. 505; act of March 3,1S91, c. 538, §§ 1, 4, 26 Stat. 851, 852; Desmare v. United States, 93 U. S. 605, 610 ; McClure v. United States, 116 U. S. 145.
That court finds that the claimant, upon whom rests the burden of proof, has not proved the extent of the depredation or the value of the property, and there being thus a case of a failure of proof judgment properly went against the party upon whom the burden rested. Counsel for…
2Cases cited5 opinions
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Desmare v. United StatesSupreme Court of the United States · 1877
- United States v. ClarkSupreme Court of the United States · 1878
- British Queen Mining Co. v. Baker Silver Mining Co.Supreme Court of the United States · 1891
- McClure v. United StatesSupreme Court of the United States · 1885
3Cited by48 opinions
- United States v. WellsSupreme Court of the United States · 1931
- United States v. Shoshone Tribe of IndiansSupreme Court of the United States · 1938
- M. E. Blatt Co. v. United StatesSupreme Court of the United States · 1938
- Crocker v. United StatesSupreme Court of the United States · 1916
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
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