Clyde v. United States
Supreme Court of the United States
Appeal from the Court of Claims; the case being argued and disposed of at the same time with the preceding one. Clyde, the claimant in the preceding case, presented his petition in that court, the same petition mentioned in that case, claiming by the second count of it compensation for the use of his barge William Hunt, as he had in the former appeal, claimed by the first count, compensation for the use of the Tallacca.
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Appeal from the Court of Claims; the case being argued and disposed of at the same time with the preceding one. Clyde, the claimant in the preceding case, presented his petition in that court, the same petition mentioned in that case, claiming by the second count of it compensation for the use of his barge William Hunt, as he had in the former appeal, claimed by the first count, compensation for the use of the Tallacca. The Court of Claims dismissed the claim on the ground that it was not presented in conformity with a rule of practice which the court then had, but which has since been…
1Opinion of the CourtJustice Bradley
However useful and proper such a rule as that complained of by the appellant may have been prior to the enactmeut of the law passed June 25th, 1868, * which requires the Attorney-General to obtain from the proper department, and the department to furnish, such facts, circumstances, and evidence as it might be in possession of in relation to any claim prosecuted in the Court of Claims, we are of opinion that it was not competent for the Court of Claims to impose it as a condition of presenting a claim in that court. Instead of being a rule of practice, it was really an additional restriction…
2Cited by18 opinions
- Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
- Tutun v. United StatesSupreme Court of the United States · 1926
- United States v. KaufmanSupreme Court of the United States · 1878
- Lins v. United StatesUnited States Court of Claims · 1982
- Klein v. United StatesCourt of Customs and Patent Appeals · 1925
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