Boehm v. United States
United States Court of Claims
The Reporters' statement of the case: The claimants, a partnership consisting of three members, brought this action for a debt due to the firm. The defendants set up by way of counter-claim a judgment recovered against two of the claimants, with allegations as to their individual interests in the cause of action. To this the claimants demurred.
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The Reporters' statement of the case: The claimants, a partnership consisting of three members, brought this action for a debt due to the firm. The defendants set up by way of counter-claim a judgment recovered against two of the claimants, with allegations as to their individual interests in the cause of action. To this the claimants demurred. The defendants also set up by way of counter-claim a bond given by the claimants to the internal revenue officers, with allegations of breach. (See the same case,post.) To this counterclaim the defendants filed a replication alleging the pendency of a…
1Opinion of the CourtNott, J.
This case presents two questions.
The first is whether, in an action brought against the United States by a firm consisting of three partners, the United States, as defendants, can set off or plead by way of counter-claim a judgment previously recovered against two of them. The second is whether the United States can bring an action against a man in a district court, and subsequently, while that action is still pending and undetermined, set up the same matter by way of counter-claim against the same party in an action in this court.
As to the first question, it manifestly resolves itself into…
2Cases cited6 opinions
- Langford v. United StatesSupreme Court of the United States · 1880
- United States v. AlireSupreme Court of the United States · 1868
- Brown v. United StatesUnited States Court of Claims · 1870
- Henderson v. LewisSupreme Court of Pennsylvania · 1823
- Archer v. DunnSupreme Court of Pennsylvania · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Scott v. United StatesUnited States Court of Claims · 1965
- Scott v. United States.United States Court of Claims · 1965
- Jennings v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1940
- Jennings v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1940