Irby v. United States
United States Court of Claims
This action is brought to recover the value of a horse lost by the claimant while in the military service of the United States. The jurisdiction of the court rests upon the Act of March 3, 1849, ch. 129 (9 Stat. L., 414; Eev. Stat., § 3482), and the Acf of June 22, 1874, ch. 193 (18 Stat. L., 193, and 1 Suppl. Eev. Stat., 84), held in Thomas’s Case (16 C. Cls.
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This action is brought to recover the value of a horse lost by the claimant while in the military service of the United States. The jurisdiction of the court rests upon the Act of March 3, 1849, ch. 129 (9 Stat. L., 414; Eev. Stat., § 3482), and the Acf of June 22, 1874, ch. 193 (18 Stat. L., 193, and 1 Suppl. Eev. Stat., 84), held in Thomas’s Case (16 C. Cls. E., 523) to be sufficient to warrant the court in taking jurisdiction The facts are fully stated in the opinion of the court. 1. The loss of the horse resultedfrom an exigency and necessity of the military service. The only defense…
1Opinion of the Court
*261OPINION.
Drake, Ch. J.,
delivered the opinion of the court:
This suit is brought under the Act of March 3, 1849, “ to provide for the payment of horses and other property lost or destroyed ■in the military service of the United States'” (9 Stat. L., 414, ch. 129), as amended by the Act of June 22, 1874 (18. Stat. L., 193, ch. 395, and 1 Suppl. to Eev. Stat., 84).
The claimant was enrolled on the 12th of August, 1862, in •Company L, First Eegiment of Arkansas Cavalry Volunteers, and on the 2d of October ensuing was mustered into service as a private in that company, to serve three years or during…
2Cases cited1 opinion
- Thomas v. United StatesUnited States Court of Claims · 1880
3Cited by2 opinions
- Hardie v. United StatesUnited States Court of Claims · 1904
- Griffis v. United StatesUnited States Court of Claims · 1917