Power v. United States
United States Court of Claims
The following motion for a new trial in Powers’ case (ante, 263) was presented by the claimant’s counsel. It was submitted by Mr. Harvey Spalding without argument: Now comes the said claimant, by his attorney, Harvey Spal-ding, and moves the court to grant him a new trial. The grounds of this motion are: First.
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The following motion for a new trial in Powers’ case (ante, 263) was presented by the claimant’s counsel. It was submitted by Mr. Harvey Spalding without argument: Now comes the said claimant, by his attorney, Harvey Spal-ding, and moves the court to grant him a new trial. The grounds of this motion are: First. The twelfth finding of fact by the court is erroneous and contrary to the evidence, it .appearing that the claimant at his own expense furnished team's and drivers in sufficient number to transport from Fort Peck to Fort Belknap 66,000 pounds of freight, thus involving an outlay and…
1Opinion of the Court 1
OPINION.
2Opinion of the Court · DavisDavis, J.
The first ground assigned by the motion for a new trial is that the findings of fact are contrary to the evidence, with a reference to the evidence supposed to be conflicting. This is in substance a proposal to reopen the case and reargue it on the same evidence. On a similar motion recently made in another case we said:
In making the finding of facts of a case the court sets out only- ‘,f the facts established by the evidence,” in accordance with the rule on that subject prescribed by the Supreme Court.
Facts alleged on the one side and the other which the court does not find to he…
3Cases cited1 opinion
- Hardy v. United StatesUnited States Court of Claims · 1873
4Cited by1 opinion
- United States v. BehanSupreme Court of the United States · 1884