Legal Opinion

Johnson v. United States

Supreme Court of the United States

Decided January 13, 1896No. 325PublishedCited by 12 opinions

APPEAL FROM THE COURT OF CLAIMS. On March 3, 1891, Congress passed an act, 26 Stat. 851, c. 538, vesting certain jurisdiction in the Court of 'Claims, the material, portion of which is found in the first section, and reads as follows: “ That in addition to the jurisdiction, which now is, or may hereafter be, conferred upon the Court of Claims, said court shall have and possess jurisdiction and authority to inquire into and finally adjudicate, in the manner provided in this…

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APPEAL FROM THE COURT OF CLAIMS. On March 3, 1891, Congress passed an act, 26 Stat. 851, c. 538, vesting certain jurisdiction in the Court of 'Claims, the material, portion of which is found in the first section, and reads as follows: “ That in addition to the jurisdiction, which now is, or may hereafter be, conferred upon the Court of Claims, said court shall have and possess jurisdiction and authority to inquire into and finally adjudicate, in the manner provided in this act, all claims of the following classes, namely : “First. All claims for property of citizens of the United States taken…

1Opinion of the CourtJustice Brewer

The principal question turns on the matter. of citizenship. Claimant was a citizen at the time of the passage of the act of 1891, but not when the wrongs complained of were committed. Had the. Court of Claims jurisdiction?

That court has no general jurisdiction over claims against the United States. It can take cognizance of only those matters which by the terms of some act of Congress are committed to it. Schilling v. United States, 155 U. S. 163.

Congress did not by the act of 1891 assume in behalf of the United States, responsibility for all acts of depredation by Indians, nor grant to the…

2Cases cited1 opinion

  1. Schillinger v. United StatesSupreme Court of the United States · 1894

3Cited by12 opinions

  1. Matson Navigation Co. v. United StatesSupreme Court of the United States · 1932
  2. Laura Hebah, Administratrix, in the Matter of the Estate of Robert Hebah, Deceased v. The United StatesUnited States Court of Claims · 1970
  3. Marks v. United StatesSupreme Court of the United States · 1896
  4. Choctaw Nation v. United StatesUnited States Court of Claims · 1940
  5. Thurston v. United StatesSupreme Court of the United States · 1914

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