Legal Opinion

Scully v. United States

District Court, D. Nevada

Decided April 27, 1912No. 1,017PublishedCited by 6 opinions

At Law. Action by Dennis Scully against the United States. This action was brought to recover $9,932.85, of which $5,189.85 is alleged to be due on contract for surveying certain public lands in central Nevada, and the remainder, $4,743, is claimed for loss of time and- interest. The contract is dated September 26, 1900. It was made by Dennis Scully, the plaintiff, acting for himself, and the United States Surveyor General for Nevada, acting in behalf of the United States.

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At Law. Action by Dennis Scully against the United States. This action was brought to recover $9,932.85, of which $5,189.85 is alleged to be due on contract for surveying certain public lands in central Nevada, and the remainder, $4,743, is claimed for loss of time and- interest. The contract is dated September 26, 1900. It was made by Dennis Scully, the plaintiff, acting for himself, and the United States Surveyor General for Nevada, acting in behalf of the United States. It provided that Scully in his own proper person should survey, mark, and establish “all lines necessary to fully…

1Opinion of the CourtFarrington, District Judge

(after stating the facts as above). The pleadings are exceedingly voluminous. The complaint contains more than 33,000 words, and the answer more than 19,000. In the complaint there is an effort to state the facts which constitute the cause of action, the evidence, the argument, and a history of the entire transaction, including several appeals and other proceedings in the Department of the Interior.

The answer admits the execution of the contract on which the action is based, and by way of denial to the allegations of the complaint sets out a 54-page letter written by the Commissioner of the…

2Cases cited17 opinions

  1. United States v. BehanSupreme Court of the United States · 1884
  2. United States v. GleasonSupreme Court of the United States · 1900
  3. Garrison v. United StatesSupreme Court of the United States · 1869
  4. Kistler v. Indianapolis & St. Louis RailroadIndiana Supreme Court · 1882
  5. United States v. SargentCourt of Appeals for the Eighth Circuit · 1908

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3Cited by6 opinions

  1. Holly Sugar Corp. v. FritzlerWyoming Supreme Court · 1931
  2. Penn Star Mining Co. v. LymanUtah Supreme Court · 1924
  3. State of Indiana v. WrightIndiana Court of Appeals · 1931
  4. Prince Line, Ltd. v. United StatesDistrict Court, E.D. New York · 1922
  5. United States v. Seaboard Air Line Ry. Co.Court of Appeals for the Fourth Circuit · 1922

1 more not listed; retrieve them via the Exa API.

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