Daily v. United States
United States Court of Claims
The Reporters’ statement of the case: This case came before the court upon demurrer, but was dismissed for want of jurisdiction. All the material allegations of the petition are set forth in the opinion of the court.
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The Reporters’ statement of the case: This case came before the court upon demurrer, but was dismissed for want of jurisdiction. All the material allegations of the petition are set forth in the opinion of the court. We understand learned counsel to raise the objection by his demurrer— That the claim has not been allowed by the Commissioner of Pensions, and until such allowance no claim exists against the United States; atleast, none of which this court can take jurisdiction. Can this case be entertained by the court, on its original merits, as a claim for pension, the Commissioner of…
1Opinion of the Court
Drake, Oh. J.,
delivered the opinion of the court:
The claimant filed in this court a petition, the material portions of which are as follows:
“The claimant, Alice Y. Daily, respectfully shows to this honorable court that heretofore, to wit, on the 31st day of July, in the year 1864, at Washington, in the District of Columbia, she was married to Cornelius Daily, and remained his wife up to the time of his death, as hereinafter set forth, an disnow his widow, and has never remarried; that after their said marriage, to wit, on the 11th day of June, in the year 1868, the said Cornelius Daily, while…
2Cases cited1 opinion
- Campbell v. United StatesUnited States Court of Claims · 1876
3Cited by6 opinions
- State v. DickersonTexas Supreme Court · 1943
- Foster v. United StatesUnited States Court of Claims · 1897
- Cole v. United StatesUnited States Court of Claims · 1894
- Gordon v. United StatesUnited States Court of Claims · 1891
- Davidson v. United StatesUnited States Court of Claims · 1886
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