Fawcett v. United States
United States Court of Claims
On the defendants’ Motion. The Reporters' statement of the case: The grounds of the motion will be found set forth in the opinion of the court.
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On the defendants’ Motion. The Reporters' statement of the case: The grounds of the motion will be found set forth in the opinion of the court. It is claimed that this property was rightfully seized as enemies’ property, held in the name of Huger, receiver of the ■{Confederate States, and became, so far as the acts of General Butler were concerned, enemies’ property captured before July 2, 1862, and passed absolutely to the Government under the general laws of war, according to the principle clearly laid down in the case of Moore v. United States (10 0. 01s. R., 375) until Congress, by some…
1Opinion of the CourtWeldon, J.
The defendants move to dismiss this case upon three grounds, as follows:
First. Because the petition does not set forth a sufficient cause of action against the United States.
*186Second. Because the alleged claim does not come within the general jurisdiction of the court.
Third. Because the claim is barred by both the general and special statutes of limitation.
The legal effect of the first clause of the motion is, to admit the allegations of the petition; and the question presented is, as to the sufficiency of the pleading to maintain a cause of action. It is in effect a demurrer, and raises a…
2Cases cited4 opinions
- United States v. KleinSupreme Court of the United States · 1872
- Haycraft v. United StatesUnited States Court of Claims · 1872
- Moore v. United StatesUnited States Court of Claims · 1874
- Powers v. West Virginia Board of EducationWest Virginia Court of Claims · 1968
3Cited by1 opinion
- Gibson v. United StatesUnited States Court of Claims · 1894