Wilson v. United States
United States Court of Claims
On the Proofs. The Reporters’ statement of the case: The following are the facts of this case as found by the court: The claim in the above-entitled case was transmitted to the court by the Secretary of the Treasury on the 31st day of March, 1888. I. The claimant was a private in the Fifth Regiment, Delaware Militia, when the following order was issued under authority of the War Department: “War Department, “Adjutant General’s Office, “ Washington, October 10, 1862. “ Maj.
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On the Proofs. The Reporters’ statement of the case: The following are the facts of this case as found by the court: The claim in the above-entitled case was transmitted to the court by the Secretary of the Treasury on the 31st day of March, 1888. I. The claimant was a private in the Fifth Regiment, Delaware Militia, when the following order was issued under authority of the War Department: “War Department, “Adjutant General’s Office, “ Washington, October 10, 1862. “ Maj. EL B. Judd, U. S. Army, “ Mustering Officer, Wilmington, Del.: “ Sir : By direction of the Secretary of War you will…
1Opinion of the Court
Richardson, Oh. J.,
delivered the opinion of the court:
When a claim is transmitted by the head of an Executive Department, under the second section of the Bowman Act, of March 3, 1883, ch. 116 (22 Stat. L., 485), the court is to determine the law applicable to the case in such Department, and not necessarily what the law would be upon the same claim if commenced by voluntary petition filed under the statutes conferring jurisdiction upon the court to enter judgment. If it were otherwise we would be obliged to dismiss this case under the provisions of Revised Statutes, section 1069, because the…
2Cases cited3 opinions
- United States v. JohnstonSupreme Court of the United States · 1888
- Harrison v. United StatesUnited States Court of Claims · 1885
- Brown v. United StatesUnited States Court of Claims · 1883