Legal Opinion

United States v. Clark

Supreme Court of the United States

Decided February 25, 1878Published

Appeal from the Court of Claims. This case was, on tbe appeal of the United States, before this court at the last term, and is reported in 94 U. S. 73, where the finding of the Court of Claims is stated. The. judgment below was then reversed, on account of an insufficient finding, and the cause remanded for further proceedings. Upon a subsequent trial, the Court of Claims made a further finding, and rendered judgment-for Clark. The United States then brought the case here.

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Appeal from the Court of Claims. This case was, on tbe appeal of the United States, before this court at the last term, and is reported in 94 U. S. 73, where the finding of the Court of Claims is stated. The. judgment below was then reversed, on account of an insufficient finding, and the cause remanded for further proceedings. Upon a subsequent trial, the Court of Claims made a further finding, and rendered judgment-for Clark. The United States then brought the case here. As the additional finding is set forth in the opinion of this court, it is not necessary to insert it here.

1Opinion of the Court 1

96 U.S. 37 (1877)

UNITED STATES

v.

CLARK.

Supreme Court of United States.

Mr. Assistant-Attorney-General Smith for the United States.

Mr. Thomas H. Talbot, contra.

2Opinion of the Court · MillerJustice Miller

This is an appeal from the Court of Claims, and very few cases involving no larger sum of money have given us more trouble. It was before us at the last term, and is reported. 94 U.S. 73. Upon an examination of the record, after the case had been submitted to us, it was discovered that on an essential fact in issue the Court of Claims had made no finding, but had sent us the evidence on that point. The judgment was therefore reversed, on…

Also in this document: Dissent.

3Cases cited6 opinions

  1. Stein v. BowmanSupreme Court of the United States · 1839
  2. United States v. PrescottSupreme Court of the United States · 1845
  3. Moore v. United StatesSupreme Court of the United States · 1876
  4. Bridges v. ArmourSupreme Court of the United States · 1847
  5. United States v. ClarkSupreme Court of the United States · 1877

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