Ex Parte Russell
Supreme Court of the United States
Motion, by Mr. William Penn Clarice, for a writ of mandamus; the case being thus: The second section of an act of June 25th, 1868, relating to the Court of Claims, thus enacts: “That the said Court of Claims, at any time while any suit or claim is pending before or on appeal from said court, or within two years next after the final disposition of any suit or claim, may, on motion on behalf of the United States, grant a new trial in any such suit or claim, and stay the…
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Motion, by Mr. William Penn Clarice, for a writ of mandamus; the case being thus: The second section of an act of June 25th, 1868, relating to the Court of Claims, thus enacts: “That the said Court of Claims, at any time while any suit or claim is pending before or on appeal from said court, or within two years next after the final disposition of any suit or claim, may, on motion on behalf of the United States, grant a new trial in any such suit or claim, and stay the payment of any judgment therein, upon such evidence (although the same may be cumulative or other) as shall reasonably satisfy…
1Opinion of the Court
*668Mr. Jufitiee BRADLEY
delivered the opinion of the court.
"We think that the Court of Claims erred in dismissing the motion for a new trial as for want of jurisdiction; that the counsel for the United States mistook their remedy in appealing from that decision; and that the claimant has equally mistaken his remedy in applying for amaudarrmsto vacate the allowance of the appeal.
The difficulty has arisen out of the anomalous provisions of the 2d section of the act of June 25th, 1868. The policy of this act was undoubtedly dictated by the fact that the government agents are at a great disadvantage…
2Cited by34 opinions
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- Burgemeister v. AndersonTexas Supreme Court · 1924
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