Campbell v. United States
United States Court of Claims
On the Proofs. The Reporters’ statement of tlie case: In this case the defendants filed a plea in the nature of the general issue and also pleaded the statute of limitations. The case was submitted without argument. The court, without filing findings of fact, dismissed the petition for the reasons stated in the opinion.
1Opinion of the CourtNott, J.
The court is at a loss to understand,how this case could have been submitted on its record.
In the first place, the claimant sues, as executrix, upon a cause of action which apparently accrued in the lifetime of her testator. Her appointment as executrix and her right to maintain this action as such are not shown, though the objection is specially taken in the defendants’ brief.
In the second place, the lease upon which the action is brought is not proven. A copy is attached to the petition, and there are various references to it hi the proceedings and correspondence of the executive officers;…
2Cases cited2 opinions
- Sierra v. United StatesUnited States Court of Claims · 1873
- Wilder v. United StatesSupreme Court of the United States · 1871
3Cited by3 opinions
- Marcos v. United StatesUnited States Court of Claims · 1952
- Oerlikon MacHine Tool Works Buehrle & Co. v. United StatesUnited States Court of Claims · 1952
- State ex rel. Northwestern Mutual Life Insurance v. Circuit Court for Waushara CountyWisconsin Supreme Court · 1917