Legal Opinion

Griffis v. United States

United States Court of Claims

Decided February 5, 1917No. 33028Published

The Reporter's statement of the case: The facts of the case and the grounds of claimant’s motion are sufficiently set forth in the opinion of the court. If this act (Mar. 3,1885) be read with the findings in this case, the claim is literally within the act. The act authorizes the ascertainment of “the value of private property belonging to officers and enlisted men in the military service of the United States.”

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The Reporter's statement of the case: The facts of the case and the grounds of claimant’s motion are sufficiently set forth in the opinion of the court. If this act (Mar. 3,1885) be read with the findings in this case, the claim is literally within the act. The act authorizes the ascertainment of “the value of private property belonging to officers and enlisted men in the military service of the United States.” This claimant, a lieutenant in the Army, owned a horse, which he used in the military service. The act embraces property “lost or destroyed in the military service * * * when such loss…

1Opinion of the CourtCampbell, Chief Justice

This case was heard and the petition dismissed. Several other cases involving losses of horses were pending. When a motion for a new trial was made in this case all of said cases were sent to the calendar to be heard with this case upon a question common to all, that question being the right of the officer to recover for the loss of his horse under the allegation that the loss resulted from an “exigency of the military service ” and without the fault or negligence of the officer. The claim was predicated upon the act of 1849, hereafter quoted, or section 3482 of the Revised Statutes, as…

2Cases cited34 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Wood v. United StatesSupreme Court of the United States · 1842
  3. United States v. SangesSupreme Court of the United States · 1892
  4. Market Co. v. HoffmanSupreme Court of the United States · 1879
  5. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876

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