Ruggles v. United States

Peelle, Ch. J".,

delivered the opinion of the court:

The question for decision arises on the defendants’ demurrer to the petition on the ground that the facts averred therein are not sufficient in law to constitute a cause of action.

Although the claimant omits to set forth in his petition, as required by the rules of the court, his letter of appointment and the action of the various departments having to do with his claim, still, for the purpose of the demurrer, his counsel in open court concedes that the same, as certified by the executive departments, may be considered; and so treating them…