Swift v. United States
United States Court of Claims
The Reporters’ statement of tbe case: In tbe progress of tbe suit, it was referred, on tbe.claimants' motion, to commissioners. Tbe following are tbe material parts of tbe order of reference : 1st. To state an account between tbe claimants and the defendant for and on account of tbe claims and canses of action stated in tbe claimants’ original and amended petitions in tbe said cause. 2d.
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The Reporters’ statement of tbe case: In tbe progress of tbe suit, it was referred, on tbe.claimants' motion, to commissioners. Tbe following are tbe material parts of tbe order of reference : 1st. To state an account between tbe claimants and the defendant for and on account of tbe claims and canses of action stated in tbe claimants’ original and amended petitions in tbe said cause. 2d. To take into consideration every item of claim or demand covered by or embraced in tbe said petitions. 3d. To take tbe depositions of such witnesses as either party should produce before them. 4th. To examine…
1Opinion of the Court
Nott, J.,
delivered tbe opinion of tbe court:
This case comes before us on tbe report of commissioners, to whom it was referred on tbe claimants’ motion and exceptions filed thereto by tbe defendants. Tbe court, acknowledging tbe immense labor expended on tbe case by tbe commissioners and regretting tbe needless expense which tbe claimants bave imposed upon themselves, is nevertheless constrained to say that tbe commissioners proceeded upon a false theory, and that tbe case must be considered upon tbe finding of facts now substituted for tbeir report.
Tbe court has given prolonged and careful…
2Cases cited2 opinions
- United States v. SmithSupreme Court of the United States · 1877
- Baird v. United StatesSupreme Court of the United States · 1878
3Cited by2 opinions
- Strandberg Bros. v. StateCourt of Claims of Illinois · 1934
- Thornton Cartage Co. v. StateCourt of Claims of Illinois · 1933