Legal Opinion

Bridgeman v. United States

Court of Appeals for the Ninth Circuit

Decided October 2, 1905No. 1,179PublishedCited by 25 opinions

In Error to the District Court of the United States for the District of Montana. The plaintiff in error was charged by indictment with the violation of the provisions of section 5438 of the Revised Statutes of the United States [U. S. Comp.

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In Error to the District Court of the United States for the District of Montana. The plaintiff in error was charged by indictment with the violation of the provisions of section 5438 of the Revised Statutes of the United States [U. S. Comp. St. 1901, p. 3674], which, so far as applicable to this ease, are as follows : “Sec. 5438. Every person who makes or causes to be made, or presents or causes to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, any claim upon or against the government of the United States,…

1Opinion of the CourtRoss, Circuit Judge

It is first contended on behalf of the plaintiff in error that it is essential to the validity of the indictment in question that it charge, either by direct averment or by stating such facts that when the law is applied to them it directly and clearly appears therefrom, that the claim or ' voucher, as the case may be, is such that the officer to whom it is alleged it was presented was authorized to apprové or allow. Conceding that, we are of the opinion that the indictment in question meets the requirement. It is provided by section 463 of the Revised Statutes [U. S. Comp. St. 1901, p. 262]…

2Cases cited5 opinions

  1. Crain v. United StatesSupreme Court of the United States · 1896
  2. Ledbetter v. United StatesSupreme Court of the United States · 1898
  3. United States v. StaatsSupreme Court of the United States · 1849
  4. Peters v. United StatesCourt of Appeals for the Ninth Circuit · 1899
  5. Ingraham v. United StatesSupreme Court of the United States · 1894

3Cited by25 opinions

  1. McCoy v. United StatesCourt of Appeals for the Ninth Circuit · 1948
  2. United States Ex Rel. Kessler v. Mercur Corp.Court of Appeals for the Second Circuit · 1936
  3. United States v. Robert Lee MiltonCourt of Appeals for the Ninth Circuit · 1979
  4. United States v. GoldsmithCourt of Appeals for the Second Circuit · 1940
  5. Pueblo v. AdornoSupreme Court of Puerto Rico · 1959

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