Legal Opinion · Dissent

United States v. Shannon (Two Cases)

Court of Appeals for the Fourth Circuit

Decided January 3, 1951No. 6128, 6129Published

1DissentSoper, Circuit Judge

The decision of the court invites further discussion, since it seems to nullify the Federal Anti-Assignment Statute of 1853, R.S. § 3477, 31 U.S.C.A. § 203, insofar as the instant case is concerned, and to suggest a procedural pattern for future cases that will virtually destroy the statute, and to violate the principle that no one may sue the United States without its consent.

The statute declares that all transfers and assignments of any claim against the United States shall be absolutely null and void unless they are executed in the presence of two witnesses, after the allowance of the…

2Cases cited13 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  3. Martin v. National Surety Co.Supreme Court of the United States · 1937
  4. United States v. GillisSupreme Court of the United States · 1877
  5. Spofford v. KirkSupreme Court of the United States · 1878

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