Legal Opinion

United States v. O'Grady

Supreme Court of the United States

Decided February 15, 1875No. 177PublishedCited by 73 opinions

Appeal from the Court of Claims; the ease being thus: By the act organizing the Court of Claims, A.D. 1855, power was given to it to hear and determine all claims against the United States founded upon 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.* Doubts, however, were suggested immediately upon the act going into practical operation and on suits being brought…

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Appeal from the Court of Claims; the ease being thus: By the act organizing the Court of Claims, A.D. 1855, power was given to it to hear and determine all claims against the United States founded upon 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.* Doubts, however, were suggested immediately upon the act going into practical operation and on suits being brought against the United States, whether the act meant to allow the United States to file set-offs in such suits, and to give…

1Opinion of the CourtJustice Clifford

Judgment was recovered by the claimants for the whole amount of the net proceds of the cotton in the original suit, and it is not even suggested that the United States filed any set-off or counterclaim in that case, nor would it now make any difference if the claim of set-off or counterclaim had been filed in that case, for if filed and rejected the appropriate remedy of the United States was by appeal to the Supreme Court. Appeal. to this court in such a case undoubtedly would lie; nor was that the only remedy left to the United States, as the Court of Claims, on motion, might grant a' new…

2Cited by73 opinions

  1. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  2. Glidden Co. v. ZdanokSupreme Court of the United States · 1962
  3. State v. BodykeOhio Supreme Court · 2010
  4. In Re SanbornSupreme Court of the United States · 1893
  5. Tonya K., by Her Mother and Next Friend Diane K. v. Board of Education of the City of ChicagoCourt of Appeals for the Seventh Circuit · 1988

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