Legal Opinion

Day v. United States

United States Court of Claims

Decided April 12, 1886No. 26PublishedCited by 1 opinion

The Reporters'1 statement of the ease: As was remarked by the court, the only question to be determined iu this ease was whether there had been such an adjudication by a former Postrnaster-G-eueral as would preclude his successor from adjudicating the claim on its merits.

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The Reporters'1 statement of the ease: As was remarked by the court, the only question to be determined iu this ease was whether there had been such an adjudication by a former Postrnaster-G-eueral as would preclude his successor from adjudicating the claim on its merits. The following are the facts which presented that question: The contract entered into between the United States and the said James L. Day contained, amongst others, the following stipulation or agreement, to wit: “It is hereby stipulated and agreed by the said contractor and his sureties that the Postmaster-G-eneral may…

1Opinion of the CourtWeldon, J.

The subject-matter of this claim was referred to this court by the Postmaster-G-eueral under the Act of March 3, 1883 22 Stat. L., (ch. 116, p. 485).

The facts disclosed by the findings are: That in the year 1861 the decedent was a mail contractor, having agreed with the United States to transport the mail on route No. *151 from Mobile, Ala., to New Orleans, La., for a period of four years, commencing on the 1st day of July, 1858, and ending on the 30th of June, 1862.

On the 24th of May, 1861, the Postmaster-General discontinued the service and annulled the contract. The petition is filed to…

2Cases cited2 opinions

  1. Reeside v. United StatesSupreme Court of the United States · 1869
  2. Latham v. United StatesUnited States Court of Claims · 1864

3Cited by1 opinion

  1. Friedlander v. United StatesUnited States Court of Claims · 1951

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