Calhoun v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts established on the trial, as found by a majority of the court: • I. The claimant, John 0. Calhoun, was appointed by the probate court of Pickens County, South Carolina, administrator de hoivis non of the estate of Andrew P. Calhoun, deceased, resident of that county, on 27th November, 1805. II.
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The Reporters’ statement of the case: The following are the facts established on the trial, as found by a majority of the court: • I. The claimant, John 0. Calhoun, was appointed by the probate court of Pickens County, South Carolina, administrator de hoivis non of the estate of Andrew P. Calhoun, deceased, resident of that county, on 27th November, 1805. II. In July and August, 1865, there were seized and carried away from a plantation owned by the deceased in Marengo County, Alabama, 170 bales of cotton, belonging to the estate of Andrew P. Calhoun. One hundred and fifteen bales wore seized…
1Opinion of the Court
Davis, J.,
delivered tbe opinion of tbe court:
This motion, being made by a claimant, must, in order to be granted, be grounded on reasons which are good cause for a new trial by tbe rules of tbe common law or chancery in suits between individuals.
Tbe first cause assigned in tbe motion is, “ that by mistake and inadvertence tbe whole of tbe evidence applicable to tbe case was not submitted or brought to tbe attention of tbe court when tbe case was tried.” Neither tbe rules of common law nor those of chancery recognize such a cause as sufficient for granting a new trial as of right. To do so…
2Cases cited1 opinion
- United States v. PughSupreme Court of the United States · 1879
3Cited by7 opinions
- Roche v. District of ColumbiaUnited States Court of Claims · 1883
- Hubbell v. United StatesUnited States Court of Claims · 1879
- King v. United StatesUnited States Court of Claims · 1896
- City of Alexandria v. United StatesUnited States Court of Claims · 1983
- Creecy v. United StatesUnited States Court of Claims · 1885
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