O'Reilly De Camara v. Brooke
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. Neither the order of the Secretary of War, nor the “Platt Amendment” was a ratification by the United States of the tortious act of General Brooke.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. Neither the order of the Secretary of War, nor the “Platt Amendment” was a ratification by the United States of the tortious act of General Brooke. Neither does the Secretary of War possess any such inherent and plenary powers as to make his order equivalent to a ratification by the United States of a tortious conversion of private property, committed by an army officer in time of peace. The United States Government has expressly recognized that “executive action by the…
1Opinion of the CourtJustice Holmes'
This is a writ of error to review a judgment of the District Court dismissing a complaint purporting to be brought under Rev. Stat. § 563, the sixteenth clause of which gives the District Courts jurisdiction “of all suits brought by any alien for a tort ‘ only ’ in violation of the law of nations, or of a treaty of the United States.” 142 Fed. Rep. 858. See 135 Fed. Rep. 384. The plaintiff is a Spanish subject and alleges a title by descent to the right to carry bn the slaughter of cattle in the city of Havana and to receive compensation for the same. (She does not allege title to the…
2Cases cited3 opinions
- Campbell v. BoyreauSupreme Court of the United States · 1859
- The Paquete HabanaSupreme Court of the United States · 1903
- Rogers v. United StatesSupreme Court of the United States · 1891
3Cited by26 opinions
- Kiobel v. Royal Dutch Petroleum Co.Supreme Court of the United States · 2013
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- Dolly M. E. Filartiga and Joel Filartiga v. Americo Norberto Pena-IralaCourt of Appeals for the Second Circuit · 1980
- Tiaco v. ForbesSupreme Court of the United States · 1913
- Walsh v. Ford Motor Co.District Court, District of Columbia · 1984
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