Houston v. United States
United States Court of Claims
Jurisdiction. The Reporter's statement of the case. The averments of the petition are sufficiently stated in the opinion of the court.
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Jurisdiction. The Reporter's statement of the case. The averments of the petition are sufficiently stated in the opinion of the court. Section 159 of the Judicial Code requires the claimant in all cases to fully set forth in his petition his loyalty, and where the claim has been assigned that of his decedent, to the United States Government in the following language: “The claimant shall in all cases fully set forth in his petition * * * that the claimant, and where the claim has been assigned the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to…
1Opinion of the CourtHowrt, Judge
This is one of the class cases arising under section 162 of tbe Judicial Code. That section revives in part tbe act of March 12, 1863, commonly known as tbe abandoned or *325captured property act and the acts amendatory thereof, where property was taken and sold and the net proceeds placed in the Treasury. Defendants have moved the court to dismiss for the reason that the petition does not set forth the loyalty of claimant or of his decedent, as required by sections 159 and 162 of the Judicial Code.
After the filing of the motion by defendants to dismiss, a second amended petition was filed by the…
2Cases cited3 opinions
- United States v. VillalongaSupreme Court of the United States · 1874
- Carroll v. United StatesSupreme Court of the United States · 1872
- White v. United StatesUnited States Court of Claims · 1884