Gallegos v. United States
United States Court of Claims
The Reporters’ statement of the case: The facts of the case and the grounds of the claimant’s motion appear in the opinion of the court. Perhaps nothing’ is better settled in the law of pleading than that questions going to the jurisdiction of the court, the disability of the parties plaintiff or defendant, or to the abatement of the writ or declaration must be availed of bj^ pleading in abatement.
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The Reporters’ statement of the case: The facts of the case and the grounds of the claimant’s motion appear in the opinion of the court. Perhaps nothing’ is better settled in the law of pleading than that questions going to the jurisdiction of the court, the disability of the parties plaintiff or defendant, or to the abatement of the writ or declaration must be availed of bj^ pleading in abatement. The suggestion that the claimant was dead at the date of the filing of his petition is a suggestion of the disability of the plaintiff and is therefore the subject of a plea in abatement. The rules…
1Dissent
Nott, Ch. J.,
dissenting:
The petition in this case was verified and filed by the attorney. Shortly before the filing the claimant had died. His’ administrator now moves to be substituted as claimant and allowed to prosecute as administrator. The jurisdictional period prescribed for the bringing of suits by the Indian depredation act has expired, and if the present application can not be granted the successors in interest of the deceased claimant are without remedy.
The one jurisdictional condition imposed by the statute (sec. 2) is that “all claims shall be presented to the court by petition,…
2Cases cited4 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Thomas's administrator v. United StatesUnited States Court of Claims · 1879
- Duran v. United StatesUnited States Court of Claims · 1896
- Woodruff v. United StatesUnited States Court of Claims · 1871