Legal Opinion

United States v. Ellicott

Supreme Court of the United States

Decided February 26, 1912No. 85PublishedCited by 50 opinions

APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the construction of a contract for dredges for the Papama Canal and the liability of the United States for damages for abrogation of the same, are stated in the opinion. The entry and entertainment of the motion for a new trial suspended the judgment itself, and not merely the running of the limitation as to appeals.

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APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the construction of a contract for dredges for the Papama Canal and the liability of the United States for damages for abrogation of the same, are stated in the opinion. The entry and entertainment of the motion for a new trial suspended the judgment itself, and not merely the running of the limitation as to appeals. The effect of the motion was to make the judgment a mere order nisi, not only from the time the motion was -entered, but from the. daté of the judgment itself. The entertainment of such a motion relates back to the date of…

1Opinion of the CourtChief Justice White

delivered the opinion of the court.'

Whether or not the United States is responsible in damages because of a refusal to permit the carrying out of an alleged contract made with a co-partnership, the Ellicott Machine Company, who are appellees, for the construction for the Isthmian Canal Company of six steel dump barges is the issue here required to be decided. From a judgment for ten thousand dollars entered in the Court of Claims, in favor of the Ellicott Machine Company, because of the refusal referred to, the United States took this appeal.

It will conduce to a clear understanding of the…

2Cases cited4 opinions

  1. Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
  2. Texas & Pacific Railway Co. v. MurphySupreme Court of the United States · 1884
  3. Ute Indians v. United StatesUnited States Court of Claims · 1910
  4. Ellicott Machine Co. v. United StatesUnited States Court of Claims · 1909

3Cited by50 opinions

  1. United States v. HealySupreme Court of the United States · 1964
  2. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  3. Prestex Inc. v. The United StatesUnited States Court of Claims · 1963
  4. Luckenbach Steamship Co. v. United StatesSupreme Court of the United States · 1926
  5. Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943

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