Labadie v. United States
United States Court of Claims
On the claimant's Motion. The Reporters' statement of tbe case: •Tbe substance of tbe motion made by tbe claimant and tbe grounds specified in tbe motion will be found in tbe opinion of tbe court.
Read the full summary
On the claimant's Motion. The Reporters' statement of tbe case: •Tbe substance of tbe motion made by tbe claimant and tbe grounds specified in tbe motion will be found in tbe opinion of tbe court. “A motion to take a plea off tbe files is, it seems, tbe proper xemedy, when tbe plea was filed too late, or bas sucb an irregularity in form as tbe omission of tbe requisite affidavit and certificate. * * * Unless, however, an objection to such defect is specially made it will be considered waived.” (Foster’s Federal Practice, § 139, p. 205.) “Wlien tbe causéis beard without objection by either…
1Opinion of the CourtNott, J.
The claim set up in this case was allowed by the Secretary of the Interior, December 1st, 1870, in favor of William H. Moore & Co. The peculiarity of its present status is that neither party has elected to reopen the case, and that the United States have filed a plea of sét-off, setting up judgments recovered by them against one of the partners. The claimant has moved to strike this plea from the files, i. e., to dismiss it for irregularity.
Several grounds are assigned for this motion by the claimant, the first of which is that no plea of any kind can be entertained by the court until after…
2Cited by2 opinions
- Labadie v. United StatesUnited States Court of Claims · 1897
- Seaboard Air Line Railway v. United StatesUnited States Court of Claims · 1918