United States v. McDonald
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. The defendant in error filed his petition in the circuit court to recover from the plaintiffs in error upon two specific claims for clerical services rendered by him, as a cleric in the office of the United States attorney for the district of Montana, during the years 1891 and 1892. The claim for services in 1892 was disallowed by the court below (00 Fed. 255), and the only question before this…
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In Error to the Circuit Court of the United States for the District of Montana. The defendant in error filed his petition in the circuit court to recover from the plaintiffs in error upon two specific claims for clerical services rendered by him, as a cleric in the office of the United States attorney for the district of Montana, during the years 1891 and 1892. The claim for services in 1892 was disallowed by the court below (00 Fed. 255), and the only question before this court relates to his claim for services l'or the year 1891, amounting to .81,237.50. The petition alleges “that, pursuant…
1Opinion of the CourtHawley, District Judge
The facts of this case present the question whether there is such a privity between McDonald and the government as to authorize him to maintain an action against the United States for the services rendered by him as a clerk in the office of the United States attorney for the district of Montana. The United States never employed McDonald, to perform any services, legal or clerical, in their behalf. It is true that the attorney general gave authority to the United States attorney for the district of Montana to appoint McDonald as a clerk in his office, to assist him in the discharge of his…
2Cases cited4 opinions
- Delbanco v. SingletaryU.S. Circuit Court for the District of Nevada · 1889
- Wallcae Bros. v. DouglassSupreme Court of North Carolina · 1889
- United States v. MeigsSupreme Court of the United States · 1878
- Powell v. United StatesU.S. Circuit Court for the District of Middle Alabama · 1894
3Cited by1 opinion
- Dismuke v. United StatesSupreme Court of the United States · 1936