Legal Opinion

Brown v. United States

United States Court of Claims

Decided December 15, 1870PublishedCited by 11 opinions

The action of debt on a judgment is an action founded on a contract, and requires nothing but the judgment in full force and unsatisfied to support it. (3 Blackstone’s Corn., ICO.) The judgments or decrees of the Court of Claims are evidence of debt existing against the United States, in favor of a person in whose name the judgment or decree is rendered. This action may therefore be maintained under the general provisions of the Act February 24, 1855, establishing the court.

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The action of debt on a judgment is an action founded on a contract, and requires nothing but the judgment in full force and unsatisfied to support it. (3 Blackstone’s Corn., ICO.) The judgments or decrees of the Court of Claims are evidence of debt existing against the United States, in favor of a person in whose name the judgment or decree is rendered. This action may therefore be maintained under the general provisions of the Act February 24, 1855, establishing the court. That act gave this court jurisdiction of all claims arising upon contracts, express or implied, with the government of…

1Opinion of the CourtNott, J.

This is an action brought, upon a former decree of this court, to recover $723 32, a balance remaining unpaid and unsatisfied.

Tire former decree was rendered on the 13th April, 1888, wherein, among other things, it was adjudged that the captured property of the claimants “was sold in the manner pro-*176videcl by lato, and the proceeds of the said sale, after deducting all lawful expenses attending the disposition of the same, were paid over into the Treasury of the United States, where the same noto remain, amounting to the •sum of $9,904 44.”. A report from the late Secretary of the Treasury to…

2Cases cited1 opinion

  1. Marbury v. MadisonSupreme Court of the United States · 1803

3Cited by11 opinions

  1. Fattore Company, Inc. v. Metropolitan Sewerage Commission of the County of MilwaukeeCourt of Appeals for the Seventh Circuit · 1974
  2. Journeycake v. Cherokee NationUnited States Court of Claims · 1893
  3. Benedict v. United StatesUnited States Court of Claims · 1928
  4. Bonnafon v. United StatesUnited States Court of Claims · 1878
  5. Boehm v. United StatesUnited States Court of Claims · 1885

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