Legal Opinion

Green v. Menominee Tribe of Indians

United States Court of Claims

Decided January 16, 1911No. 30179PublishedCited by 1 opinion

The Reporter's statement of the case: The grounds of the defendants’ demurrer are stated in the opinion of the court. I. Comparatively few of the special acts conferring jurisdiction on this court contain any allusion to the lapse' of time or the statute of limitations.

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The Reporter's statement of the case: The grounds of the defendants’ demurrer are stated in the opinion of the court. I. Comparatively few of the special acts conferring jurisdiction on this court contain any allusion to the lapse' of time or the statute of limitations. It is submitted that a special act which confers jurisdiction on this court, without any of the language just referred to, so operates as to confer absolute jurisdiction, no matter what the age of the claim or controversy may be. When Congress passes an act conferring jurisdiction on this court in general terms it thereby…

1Opinion of the CourtBaeNey, J.

This suit comes to this court under the act of Congress of May 29, 1908 (35 Stat., 444, 445), which is as follows:

“ Sec. 2. That jurisdiction be, and hereby is, conferred upon the Court of Claims of the United States to hear, determine, and render final judgment, notwithstanding lapse of time or statute of limitation, for any balances found due, without interest, with the right of appeal as in other cases, upon the claims of H. W. Gilkey, Herman Hankwitz, Herman Hankwitz and Company, W. P. Cook and Brother, M. Wescott, J. A. Liege, assignee of J. F. Gauthier, F. F. Green, and the heirs of…

2Cases cited3 opinions

  1. Barker v. BucklinNew York Supreme Court · 1846
  2. Wait v. of WaitSupreme Court of Vermont · 1856
  3. Atkins' v. AtkinsSupreme Court of Vermont · 1914

3Cited by1 opinion

  1. Craycroft v. United StatesUnited States Court of Claims · 1912

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