Legal Opinion · Concurrence

Lincoln v. United States

United States Court of Claims

Decided January 11, 1915No. 30916Published

The Reporter’’s statement of the case: The plaintiff is the administrator of the estate of Joseph A. Harvey, deceased, late of Lowndes County, Miss. On April 22,1863, said Joseph A. Harvey sold to the Confederate States of America 11 bales of cotton and received therefor bonds of the said Confederate States to the face value of $10,010 and executed a bill of sale for the same.

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The Reporter’’s statement of the case: The plaintiff is the administrator of the estate of Joseph A. Harvey, deceased, late of Lowndes County, Miss. On April 22,1863, said Joseph A. Harvey sold to the Confederate States of America 11 bales of cotton and received therefor bonds of the said Confederate States to the face value of $10,010 and executed a bill of sale for the same. In May, 1865, the Secretary of the Treasury appointed Harrison Johnston as assistant special agent of the Treasury Department to collect certain cotton purchased by and then held on account of the so-called Confederate…

1Concurrence

Howry, Judge,

delivered the following concurring opinion:

Congress, by an act approved March 3, 1911, 36 Stat. L., 1139, enacted that—

“ The Court of Claims shall have jurisdiction to hear and determine the claims of those whose property was taken subsequent to June the first, eighteen hundred and sixty-five, under the provisions of the act of Congress approved March twelfth, eighteen hundred and sixty-three, entitled ‘An act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States,’ and acts amendatory thereof…

2Cases cited36 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  3. United States v. GoldenbergSupreme Court of the United States · 1897
  4. Texas v. WhiteSupreme Court of the United States · 1869
  5. McCulloch v. MarylandSupreme Court of the United States · 1819

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