Legal Opinion · Dissent

Martin v. United States

United States Court of Claims

Decided December 15, 1867Published

1DissentLoking, J.

I dissent from the opinion read because I think that the act of 26th February, 1863, (10 Stat. 170,) is applicable only at the treasury, and has no reference to litigation here.

It is certain that under this act of 1853, an assignment made as the act prescribes, viz : by a capable and understanding assignor, in the presence of two witnesses and certified by a magistrate, and made after the claim has been allowed at the treasury, the amount due ascertained and a warrant for its payment issued, is the only assigment of a claim that an officer of the treasury can admit or recognize, and that if…

2Cases cited1 opinion

  1. Sines v. United StatesUnited States Court of Claims · 1863

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