McKinstry v. United States
U.S. Circuit Court for the District of Southern Alabama
On Motion for New Trial. See 34 Fed. Rep. 211. The petitioner brought suit in the United States circuit court, S. D. Alabama, against the United States for fees due him from the United States as one of the commissioners of that court.
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On Motion for New Trial. See 34 Fed. Rep. 211. The petitioner brought suit in the United States circuit court, S. D. Alabama, against the United States for fees due him from the United States as one of the commissioners of that court. The itemized bill sued on amounts to the sum of $1,823.45, and is the aggregate of severa] accounts which petitioner had made out, and which had been formally approved by the court and presented to the department, and upon which various sums had been allowed, amounting in the aggregate to $666.46, leaving as a balance due to the commissioner, disallowed fees,…
1Opinion of the Court
Pardee, J.,
(after stating The facts as above.') The motion for a new trial has been submitted upon briefs, on the one side as to the merits, and on the other as to jurisdiction. At the outset, I desire to say that the whole investigation has been rendered more complex and difficult from the fact that the petitioner sued upon his claim as upon a general running account against the United States, allowing credits as payments had been made thereon, instead of suing on the disallowed items. So far as I have the record before me, it seems to be impossible to tell what items of the petitioner’s…
2Cases cited4 opinions
- United States v. WallaceSupreme Court of the United States · 1886
- Troy Iron & Nail Factory v. CorningU.S. Circuit Court for the District of Northern New York · 1869
- United States v. MorseU.S. Circuit Court for the District of Maine · 1844
- Faris v. United StatesUnited States Court of Claims · 1888
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- Hamer v. Weber CountyUtah Supreme Court · 1894