Hammond v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by the United States against A. B. Hammond. Judgment for plaintiff (226 Fed. 849), and defendant brings error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by the United States against A. B. Hammond. Judgment for plaintiff (226 Fed. 849), and defendant brings error. This action was brought by the United States to recover the value of certain timber alleged to have been cut and removed from certain specifically described public lands of the United States situate in the state of Montana— the complaint as amended alleging that from time to time during the year 1885 down to and including the year 1891…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). The object of the government’s attorney in alleging in the complaint the value of the timber while standing, as well as its value after being felled and prepared for sawing, and after being made into lumber, obviously was to enable the plaintiff to recover the amount of damages the law fixes as the proper measure, in view of the facts of the case and in the event the evidence should establish its right to recover from the defendant at all, which measure, it is well settled, depends upon whether tire wrong alleged was willfully or innocently committed, the…
2Cases cited22 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- McDermott v. SevereSupreme Court of the United States · 1906
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3Cited by4 opinions
- United States v. Standard Oil Co. of CaliforniaDistrict Court, S.D. California · 1937
- Chanslor-Canfield Midway Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1920
- First Nat. Pictures, Inc. v. RobisonCourt of Appeals for the Ninth Circuit · 1934
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1920