Legal Opinion

Pennebaker v. United States

United States Court of Claims

Decided January 29, 1894No. 17856Published

The Reporters’ statement of tbe case: Tbe substance of tbe petition demurred to is set forth in tbe opinion of tbe court.

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The Reporters’ statement of tbe case: Tbe substance of tbe petition demurred to is set forth in tbe opinion of tbe court. Tbe officers of tbe Treasury have held for a long period of time that where a claim against tbe United States has been presented to it for adjudeation and settlement, and an amount is found due in tbe branch of tbe Department before which it The whole claim is based upon the regulation, for it is that only which fixes the amount claimed to be due and for which suit is brought, as if upon a favorable decision. It needs but a cursory examination of the section quoted to see…

1Opinion of the CourtWeldon, J.

The petition alleges “that claimant is a citizen of the United States, residing in the city of Washington, in the District of Columbia, and that he is the surviving partner of the late firm of C. D. Pennebaker & Son, attorneys at law, formerly doing business in Washington City, and that as such he has a claim against the United States, arising as follows:

“ That the firm of O. D. Pennebaker & Son were regularly enrolled attorneys entitled to practice before the United States Treasury Department, and that in September, 1884, one Abner J. Phelps, of Cumberland County, Ky., employed said firm as…

2Cases cited1 opinion

  1. Bonnafon v. United StatesUnited States Court of Claims · 1878

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