Whitney v. United States
United States Court of Claims
The Reporters’ statement of tbe case. The facts relating to the former adjudication by the Spanish commission will be found set forth in the opinion of the court.
Read the full summary
The Reporters’ statement of tbe case. The facts relating to the former adjudication by the Spanish commission will be found set forth in the opinion of the court. If the evidence of grounds of the decision only to be found in the u remarks of counsel ” is of too doubtful character to be relied upon, there is no positive evidence that the Spanish Commission ever considered or decided the ease upon its merits; and the inference from the word il disallowed,” which means refuse to allow, that the decision was upon grounds not involving the merits, may be as properly drawn as the contrary. If it…
1Opinion of the CourtDavis, J.
The case of the Hope was presented to the commission constituted pursuant to the provisions of article 9 of the treaty of 1819 with Spain, and was by that body rejected upon the merits (Spanish Com., vol. 23). It- is now contended by the defendants that the claim is not within our jurisdiction, being res judicata.
The Hope was taken into San Domingo and there condemned by what was entitled in the decree the “French tribunal of provisional captures established at San Domingo, M. Thomas Pons, judge of the provincial tribunal for captures, established at San Domingo.”
As to claims of the class…
2Cited by2 opinions
- Sise v. United StatesUnited States Court of Claims · 1900
- Whipple v. United StatesUnited States Court of Claims · 1900