Legal Opinion

Schillinger v. United States

Supreme Court of the United States

Decided November 19, 1894No. 4PublishedCited by 261 opinions

APPEAL FROM THE COURT OF CLAIMS. On July 19, 1870, a patent was issued to John J. Schillinger for an improvement in concrete pavement. The claim of the patent was in these words: “ The arrangement of tar paper or its equivalent between adjoining blocks of concrete, substantially as and for the purpose described.”

Read the full summary

APPEAL FROM THE COURT OF CLAIMS. On July 19, 1870, a patent was issued to John J. Schillinger for an improvement in concrete pavement. The claim of the patent was in these words: “ The arrangement of tar paper or its equivalent between adjoining blocks of concrete, substantially as and for the purpose described.” A reissue was granted May 2, 1871. The claims in the reissue were thus stated: “ 1. A concrete pavement laid in detached blocks or sections, substantially in the manner shown and described. “ 2. The arrangement of tar paper or its equivalent between adjoining blocks of concrete,…

1Opinion of the CourtJustice Brewer

The United States cannot be sued in their courts without their consent,.and in granting such consent Congress has an absolute discretion to specify the cases and contingencies in which the liability of the Government is submitted to. the courts for judicial determination. Beyond the letter of such consent, the courts may not go, no matter how beneficial they may deem or in fact might be their possession of a larger jurisdiction over the liabilities of the Government.

Until the organization of the Court of Claims by the act of February 24, 1855, c. 122, 10 Stat. 612, the only recourse of…

Also in this document: Dissent.

2Cases cited9 opinions

  1. Kohl v. United StatesSupreme Court of the United States · 1876
  2. Hollister v. Benedict & Burnham Manufacturing Co.Supreme Court of the United States · 1885
  3. United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
  4. James v. CampbellSupreme Court of the United States · 1882
  5. Borer v. ChapmanSupreme Court of the United States · 1887

4 more not listed; retrieve them via the Exa API.

3Cited by261 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. United States v. MitchellSupreme Court of the United States · 1983
  3. Lynch v. United StatesSupreme Court of the United States · 1934
  4. United States v. LynahSupreme Court of the United States · 1903
  5. Ex Parte Bakelite Corp'n.Supreme Court of the United States · 1929

256 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API