United States v. Benedict
Court of Appeals for the Second Circuit
In .Error to the District Court of the United States for the Eastern District of New York. Action at law by George E. Benedict, sole surviving trustee under the will of William C. Eangley, deceased, against the United States and the City of New York. From the judgment, defendants bring error. Writs of error to a Judgment entered after trial with jury waived.
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In .Error to the District Court of the United States for the Eastern District of New York. Action at law by George E. Benedict, sole surviving trustee under the will of William C. Eangley, deceased, against the United States and the City of New York. From the judgment, defendants bring error. Writs of error to a Judgment entered after trial with jury waived. Defendant in error (who will be hereafter referred to as the Bangley Estate) owned in 1918 a considerable body of land, consisting both of upland and land under wafer, in the county of Kings and city of New York, and. extending, according…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Defendant in error suggests rather than asserts that this court has no jurisdiction, because the statute intended, when it gave to the District Court power to “hear and del ermine,” that the determination of that tribunal should be final. We do not so read United States v. Pfitsch, 256 U. S. 547, 41 Sup. Ct. 569, 65 L. Ed. 1084 (Sup. Ct., June 1, 1921). On the contrary, we think it was there plainly held that Congress intended, in section 30, to preserve the right to a jury and to create a cause of action governed by the “usual procedure of a District Court…
2Cases cited18 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- United States v. PfitschSupreme Court of the United States · 1921
- Iowa v. McFarlandSupreme Court of the United States · 1884
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Agency of Canadian Car & Foundry Co. v. American Can Co.Court of Appeals for the Second Circuit · 1919
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- Hale v. HelveringCourt of Appeals for the D.C. Circuit · 1936
- Rogers v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1939
- Mayor and City Council of Baltimore v. United StatesCourt of Appeals for the Fourth Circuit · 1945
- State of California v. United StatesCourt of Appeals for the Ninth Circuit · 1948
20 more not listed; retrieve them via the Exa API.