Young v. United States
Supreme Court of the United States
On -motion for a writ of certiorari. A judgment was rendered in' this case by the Court of. Claims, May 15,1874, from which the United States took an' appeal to this court. • On the 5th of May, 1876, while that, appeal. was pending, the United States moved the Court of Claims for a new trial, under the provisions of sect. -1088, Rev. Stat. The motion was as follows: — “ And now comes the Attorney-General in behalf of-the-United States, and moves the court,to grant the United…
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On -motion for a writ of certiorari. A judgment was rendered in' this case by the Court of. Claims, May 15,1874, from which the United States took an' appeal to this court. • On the 5th of May, 1876, while that, appeal. was pending, the United States moved the Court of Claims for a new trial, under the provisions of sect. -1088, Rev. Stat. The motion was as follows: — “ And now comes the Attorney-General in behalf of-the-United States, and moves the court,to grant the United States a new trial in the above-stated case, lately decided in this court, and that an order may be made staying the…
1Opinion of the CourtChief Justice Waite
Under the act of June 23, 1868 (15 Stat. 75), re-enacted in sect. 1008, Rev. Stat., it was said, in Ex parte Russell, 13 Wall. 664, that to justify'the grant of a new trial “ a new case must be made, — a case involving fraud or other wrong practised upon the government; It is analogous to' the case of a bill of review in chancery to set aside a former, decree or’a bill impeaching a decree for' fraud.” This remark of the judge, in the argument of the opinion, is to be construed in connection with the particular objection to the jurisdiction of the Court of Claims he was then considering, which…
2Cases cited2 opinions
- Ex Parte RussellSupreme Court of the United States · 1872
- United States v. YoungSupreme Court of the United States · 1877
3Cited by10 opinions
- Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
- Freid v. McGrathCourt of Appeals for the D.C. Circuit · 1942
- Binder v. Commercial Travelers Mut. Acc. Ass'n of AmericaCourt of Appeals for the Second Circuit · 1948
- Belknap v. United StatesSupreme Court of the United States · 1893
- Pocono Pines Assembly Hotels Co. v. United StatesUnited States Court of Claims · 1932
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