Brandon v. United States
United States Court of Claims
The Reporters’ statement of the case: The grounds of the defendants’ motion are sufficiently set forth in the opinion of the court. 1. The Bowman Act (22 Stat. L., 485) was the first act to give jurisdiction to this court to find facts without a judgment, but this excluded claims barred by existing law. Many claims so barred were those for stores and supplies taken by the Army and for cotton seized by Treasury agents.
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The Reporters’ statement of the case: The grounds of the defendants’ motion are sufficiently set forth in the opinion of the court. 1. The Bowman Act (22 Stat. L., 485) was the first act to give jurisdiction to this court to find facts without a judgment, but this excluded claims barred by existing law. Many claims so barred were those for stores and supplies taken by the Army and for cotton seized by Treasury agents. (Burke v. United States, 21 C. Cls., 317; Ford v. United States, 19 C. Cls., 519.) 2. The Tucker Act, of March 3, 1887 (sec. 14, 24 Stat L., 508), authorized any bill for the…
1Opinion of the Court
OPINION.
Peelle, Ch. J.,
delivered the opinion of the court:
The question for decision arises on the defendants’ motion to dismiss the cause of action on the ground that section 14 of the act of March 3, 1887 (24 Stat. L., 505), under which the claim was referred, does not confer upon the court jurisdiction to consider claims arising prior to June 1, 1865, from seizure in hostile territory of cotton and other property under the abandoned and captured property act of March 12, 1863 (12 Stat. L., 820), and the amendatory act of July 2, 1864 (13 Stat. L., 375), though the cotton was sold and the…
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