Alvarez Y Sanchez v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. Claimant’s petition alleged a good cause of action. His office was property under the Spanish law. It was not impaired during the military' occupation of Porto Rico. The Treaty of Paris confirmed the claimant’s property. The United States deprived the claimant of his property after the Treaty of Paris and became liable to compensate him for the value thereof. O’Reilly v. Brooke, 209 U. S. 45, is not decisive of this case.
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APPEAL FROM THE COURT OF CLAIMS. Claimant’s petition alleged a good cause of action. His office was property under the Spanish law. It was not impaired during the military' occupation of Porto Rico. The Treaty of Paris confirmed the claimant’s property. The United States deprived the claimant of his property after the Treaty of Paris and became liable to compensate him for the value thereof. O’Reilly v. Brooke, 209 U. S. 45, is not decisive of this case. The present case differs from it in several material points. In the present case the appellant was not possessed of a mere claim against…
1Opinion of the CourtJustice Harlan
The appellant, an inhabitant and citizen of Porto Rico, seeks to recover from the United States the value of a certain office held by him in that Island before and during the war with Spain, of which office, it is alleged, he was illegally deprived by the United States. A demurrer to the complaint was sustained and judgment given for the United States, the opinion of the Court of Claims being delivered by Chief Justice Peelle. 42 Ct. Cl. 458, 472.
The complaint which, on demurrer, was adjudged to be bad, presents — using substantially the words of the complaint — the following case:
In the year…
2Cases cited2 opinions
- R. Ribas Y Hijo v. United StatesSupreme Court of the United States · 1904
- O'Reilly De Camara v. BrookeSupreme Court of the United States · 1908
3Cited by18 opinions
- Vilas v. City of ManilaSupreme Court of the United States · 1911
- Crawford v. HuntArizona Supreme Court · 1932
- State v. S.C. S.C.Ohio Supreme Court · 1934
- M. H. Pulaski Co. v. United StatesCourt of Customs and Patent Appeals · 1915
- Mario Mercado E Hijos v. Jose M. Feliciano, Trustee, Matter of Puerto Rico Railroad & Transport Company, BankruptCourt of Appeals for the First Circuit · 1958
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