Legal Opinion

Ex Parte Zellner

Supreme Court of the United States

Decided February 28, 1870PublishedCited by 15 opinions

Zellner filed Ms petition in this court, and moved for a mandamus to the Court of Claims to compel .them to allow an appeal from a decree which that court had made against him. The case was this. The relator was the owner of a quantity of cotton, stored at Macon, Georgia.

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Zellner filed Ms petition in this court, and moved for a mandamus to the Court of Claims to compel .them to allow an appeal from a decree which that court had made against him. The case was this. The relator was the owner of a quantity of cotton, stored at Macon, Georgia. In February, 1866, a special agent of the Treasury Department seized and •carried away the same, and it was afterwards shipped by another agent of that department to the city of New York, and there sold by an agent of the government for $3076, after deducting all charges and expenses. On this state of facts the relator…

1Opinion of the CourtJustice Nelson

We cannot agree to the view that the general provision in the 5th section of the act of March 3d, 1863, reorganizing the Court of Claims, and conferring what may be called its general jurisdiction, cannot be invoked in this case. The language of that section is general: “ Either party may appeal to the Supreme Court of the United States from any final judgment or decree which may hereafter be rendered in any case by said court.” This court was organized as a special judicial tribunal to hear and render judgment in cases between the citizen and the government; the subjects of its jurisdiction…

2Cited by15 opinions

  1. Edwards v. United StatesSupreme Court of the United States · 1932
  2. State v. SullivanU.S. Circuit Court for the District of Western North Carolina · 1892
  3. Rice v. United StatesSupreme Court of the United States · 1887
  4. Burke v. United StatesUnited States Court of Claims · 1877
  5. Rice v. United StatesUnited States Court of Claims · 1886

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