United States v. Crusell
Supreme Court of the United States
This was an application by Mr. Bristow, the Solicit-General, and Mr. Hill, the Assistant Attorney-General, in behalf of the government, for the continuance of an appealfrorn the Court of Claims, founded upon the fact that evidence had been newly discovered on which a motion in behalf of the United States-had been made fdr a new trial, under the act of June 25,’1868. By that act the Court of Claims is authorized “ at any time, while any suit or claim is pending before, or on…
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This was an application by Mr. Bristow, the Solicit-General, and Mr. Hill, the Assistant Attorney-General, in behalf of the government, for the continuance of an appealfrorn the Court of Claims, founded upon the fact that evidence had been newly discovered on which a motion in behalf of the United States-had been made fdr a new trial, under the act of June 25,’1868. By that act the Court of Claims is authorized “ at any time, while any suit or claim is pending before, or on appeal from, said court,- or within two years next after the final disposition of any such suit or claim,” to grant a…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
In the case of the United States v. Ayres * this court denied a motion to dismiss an appeal from a judgment of the'Court of Claims when the motion was made upon the sole ground that a motion for a new trial had been made by the United Stateá, and was pending in that court, but afterwards dismissed the same appeal when a new trial had been granted. We are satisfied with the ruliugs then announced, and think that the spirit of them requires us to allow the continuance now asked for. We must not be understood, however, as giving-any sanction to…
2Cited by4 opinions
- Belknap v. United StatesSupreme Court of the United States · 1893
- J. T. Morgan Lumber Co. v. West Kentucky Coal Co.District Court, W.D. Kentucky · 1910
- McCollum ex rel. McCollum v. United StatesUnited States Court of Claims · 1898
- Young v. United StatesSupreme Court of the United States · 1877