Legal Opinion

McElrath v. United States

United States Court of Claims

Decided December 15, 1876PublishedCited by 4 opinions

So much of section 3, Act March 3,1863, as purports to give this court power to render judgment in favor of the United States against a claimant, is in violation of the seventh amendment of the Constitution, which provides that in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.

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So much of section 3, Act March 3,1863, as purports to give this court power to render judgment in favor of the United States against a claimant, is in violation of the seventh amendment of the Constitution, which provides that in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. “ Suit at law” refers to the cause of action, the remedy, and the mode of enforcing it, not to the forum to which the plaintiff may choose to resort. (Per Baldwin, J., Bains v. The James and Catherine, 1 Baldw., 544.) This amendment…

1Opinion of the CourtLorinGt, J.

The facts in this, case are, that in June, 1866, Thomas L. McElrath was a first lieutenant of marines, and attached to the United States steamer Monongahela, then in the port of Boston. On the 19th of June, 1866, he was dismissed from the service on the allegation of being absent from his vessel without leave; and on the 27th of Jane, 1866, Thomas B. Haycock was appointed first lieutenant of marines, thus filling the complement of officers of that grade limited by law. In 1873, in an application to the Department, Mr. McElrath alleged that the order for his dismissal had resulted from a…

2Cited by4 opinions

  1. Barnes v. District of ColumbiaUnited States Court of Claims · 1887
  2. Duval v. United StatesUnited States Court of Claims · 1889
  3. Looney v. District of ColumbiaUnited States Court of Claims · 1884
  4. National Contracting Co. v. Sewerage & Water Board of New OrleansCourt of Appeals for the Fifth Circuit · 1905

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