United States v. Lippitt
Supreme Court of the United States
Appeal from the Court of Claims. This was a claim of Lippitt for $1,742, to which 'he alleged that he was entitled as commutation for fuel and quarters while he was in the military service of the United States. It was referred to the court below by the Department of War. He thereupon filed his petition. The United States traversed' all its averments, and also pleaded that the claim was not filed in or transmitted to the Court of Claims within six years after it had accrued.
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Appeal from the Court of Claims. This was a claim of Lippitt for $1,742, to which 'he alleged that he was entitled as commutation for fuel and quarters while he was in the military service of the United States. It was referred to the court below by the Department of War. He thereupon filed his petition. The United States traversed' all its averments, and also pleaded that the claim was not filed in or transmitted to the Court of Claims within six years after it had accrued. The court below found the following facts : — 1. The claimant was colonel of the Second California Volunteers, a…
1Opinion of the CourtJustice Harlan
The correctness of the judgment below depends, in part, upon the construction of the tenth section of the act of March 3, 1863, amendatory of the act of Feb. 24, 1855, establishing the Court of Claims. That section declares “ that every claim against the United States, cognizable -by the Court of Claims, shall be for ever barred, unless the petition setting forth a statement of the claim be filed in the court, or transmitted to it under the provisions of this [that] act, within six years after the claim first accrues,” &c.
The claims against the government, of which the Court of Claims could,…
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