Legal Opinion

United States v. Crusell

Supreme Court of the United States

Decided December 15, 1871PublishedCited by 3 opinions

Appeal from the Court of Claims.; the case being thus: The “Abandoned and Captured Property Act”* authorized the Secretary of the Treasury to appoint special agents to receive and collect all -abandoned or captured property in any State or Territory in insurrection against the,United States, and authorized also the sending of such property to any place of sale within the loyal States, and the sale of it at auction to the highest bidder.

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Appeal from the Court of Claims.; the case being thus: The “Abandoned and Captured Property Act”* authorized the Secretary of the Treasury to appoint special agents to receive and collect all -abandoned or captured property in any State or Territory in insurrection against the,United States, and authorized also the sending of such property to any place of sale within the loyal States, and the sale of it at auction to the highest bidder. “ And the proceeds thereof,” says' the act, “ shall be paid into the Treasury of the United States.” “ The treasurer,” adds the act, “ shall cause a book of…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

Presuming that the officers of the government performed their, duty, there can. be no doubt that the quartermaster at Atlanta forwarded to the officer in charge of military railroad transportation the cotton of the claimant; and that this officer turned, over the cotton to the agent at Nashville, by whom it was forwarded to Cincinnati and sold by the supervising agent there. The presumption in this case is strengthened by the fact that heavy statutory penalties would be incurred by neglect of duty. There is nothing in the case to repel this…

2Cited by3 opinions

  1. United States v. CrusellSupreme Court of the United States · 1872
  2. Shadrick v. United StatesUnited States Court of Claims · 1960
  3. Ford v. CaulfieldDistrict Court, District of Columbia · 2009

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