Legal Opinion

Duncan v. United States

United States Court of Claims

Decided November 10, 1913No. Congressional, No. 16259Published

On the Proofs. The Reporter’s statement of the case: This is a claim for use and occupation of blacksmith shop and boiler-making establishment during the year 1865. On the 2-2d day of June, 1912, the House of Representatives, under section 151 of the act of Congress, approved March 3, 1911, known as the Judicial Code, referred to the court a bill in the following words: “ [H. It. 20326, Sixty-second Congress, second session.] “A BILL For the relief of John Duncan, surviving…

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On the Proofs. The Reporter’s statement of the case: This is a claim for use and occupation of blacksmith shop and boiler-making establishment during the year 1865. On the 2-2d day of June, 1912, the House of Representatives, under section 151 of the act of Congress, approved March 3, 1911, known as the Judicial Code, referred to the court a bill in the following words: “ [H. It. 20326, Sixty-second Congress, second session.] “A BILL For the relief of John Duncan, surviving partner of Archibald Duncan and Son. uBe it enacted by the Senate and Rouse of Representatives of the United States of…

1Opinion of the CourtHowrt, J.

This cause has been submitted on the motion of the defendants to dismiss and likewise submitted upon the merits for decision should the court in first considering the motion determine that there is power to proceed to the merits.

The findings show the taking from the claimant owners of their machine shops, machinery, and materials located at Charleston, S. C., by the military forces of the defendants and the use and occupation of the shops for a period of 169 days, beginning February 20, 1865, and ending August 9 of that year. During this period the owners were employed by the defendants and…

2Cases cited6 opinions

  1. United States v. PadelfordSupreme Court of the United States · 1870
  2. In re the case of YatesNew York Supreme Court · 1809
  3. Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
  4. Armstrong v. United StatesSupreme Court of the United States · 1872
  5. Croswell v. CraneNew York Supreme Court · 1849

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