Legal Opinion

Pugh v. United States

Supreme Court of the United States

Decided May 18, 1872PublishedCited by 2 opinions

Appeal from the Court of Claims; the case being thus: By the act of Congress of 1855, constituting the Court of Claims, jurisdiction is given to it to hear and determine all claims against the United States founded on any law of Congress, or upon any regulation of an executive department, or upon any contract express or implied with the government of the United States.

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Appeal from the Court of Claims; the case being thus: By the act of Congress of 1855, constituting the Court of Claims, jurisdiction is given to it to hear and determine all claims against the United States founded on any law of Congress, or upon any regulation of an executive department, or upon any contract express or implied with the government of the United States. A subsequent act, however—that of July 4th, 1864—eu-acts that this jurisdiction “shall not extend to or include any claim against the United States growing out of the destruction or appropriation of or damage to property by the…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

The destruction of property complained of was during the war and in one of the States engaged in the rebellion, and the presumption, in the absence of inconsistent allegations, is that it was by the military forces of the United States. It is clear that a petition for compensation for injuries of this character could not be sustained in the Court of Claims, for the demand plainly grows “ out of the destruction or appropriation of or damage to property by the army or navy engaged in the suppression of the rebellion,” and is excluded from the…

2Cited by2 opinions

  1. United States v. Winchester & Potomac RailroadSupreme Court of the United States · 1896
  2. Payne v. United StatesUnited States Court of Claims · 1887

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