Legal Opinion

United States v. Rogers

Supreme Court of the United States

Decided February 28, 1921No. 147PublishedCited by 118 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The case is stated in the opinion. The judgment below-affirmed a judgment of the District' Court. ' The United States is not contractually bound for interest except by express agreement. The implied - promise is to pay the value of the property as of date of the taking, without interest. An obligation to pay interest is not implied.

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The case is stated in the opinion. The judgment below-affirmed a judgment of the District' Court. ' The United States is not contractually bound for interest except by express agreement. The implied - promise is to pay the value of the property as of date of the taking, without interest. An obligation to pay interest is not implied. United States v. North American Transportation Co., 253 U. S. 330. While obligation to pay interest may be imposed by statute, there is no federal legislation justifying addition of interest as such to…

1Opinion of the CourtJustice Day

The United States brought an action January 18, 1915, in the District Court of the United States for New Mexico, to condemn lands of the defendants in error for reclamation purposes. 32 Stat. 388. Condemnation proceedings to acquire real estate for Government uses and public purposes under judicial process are regulated by the Act of August 1, 1888, c. 728, 25 Stat. 357.

Section 2 of the act provides that the practice, pleadings, forms and modes of proceedings in causes arising under the. provisions of the act shall conform, as near as may be, to the practice, pleadings, forms and proceedings…

2Cases cited5 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. United States v. North American Transportation & Trading Co.Supreme Court of the United States · 1920
  3. United States v. North CarolinaSupreme Court of the United States · 1890
  4. United States Ex Rel. Angarica v. BayardSupreme Court of the United States · 1888
  5. National Home for Disabled Volunteer Soldiers v. ParrishSupreme Court of the United States · 1913

3Cited by118 opinions

  1. Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
  2. United States v. DowSupreme Court of the United States · 1958
  3. Jacobs v. United StatesSupreme Court of the United States · 1933
  4. Brown v. United StatesSupreme Court of the United States · 1923
  5. United States v. Creek NationSupreme Court of the United States · 1935

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