Legal Opinion

Montgomery v. United States

United States Court of Claims

Decided June 1, 1914No. Congressional No. 11095; Congressional No. 13154; Congressional No. 13989; Congressional No. 14136; Congressional No. 14959; Congressional No. 16220PublishedCited by 6 opinions

The Reporter’s statement of the case: ■ The defendants move to dismiss the petition for 'want of jurisdiction in each of the six cases hereinbefore named, and joint argument was heard thereon. The averments of the petition in the respective cases to which the defendants’ motion pertain are practically the same and will be found sufficiently set out in the opinion of the court.

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The Reporter’s statement of the case: ■ The defendants move to dismiss the petition for 'want of jurisdiction in each of the six cases hereinbefore named, and joint argument was heard thereon. The averments of the petition in the respective cases to which the defendants’ motion pertain are practically the same and will be found sufficiently set out in the opinion of the court. The cases at bar being “controversies to which the United States shall be a party,” constitutional “judicial power” “to hear and determine” them under the fourteenth section of the Tucker Act is automatically conferred…

1Opinion of the CourtCampbell, Chief Justice

These cases, representing classes of congressional references in this court, have been heard together on motions of the defendants to dismiss them for want of jurisdiction. A statement of what is involved in the several references may afford some indication of the nature of the claims:

1. In Montgomery the petition alleges the taking in June, 1865, of a steamboat by the military forces of the United States and its use by the quartermaster’s department of the Army as a packet for some two years thereafter.

2. In Marsh the petition alleges the ownership of certain real estate, consisting of a dry…

2Cases cited31 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  3. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  4. Muskrat v. United StatesSupreme Court of the United States · 1911
  5. Campbell v. HoltSupreme Court of the United States · 1885

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3Cited by6 opinions

  1. Rawlins v. United StatesUnited States Court of Claims · 1982
  2. First-Citizens Bank & Trust Co. v. United StatesUnited States Court of Claims · 1948
  3. Pocono Pines Assembly Hotels Co. v. United StatesUnited States Court of Claims · 1932
  4. Chase v. United StatesUnited States Court of Claims · 1915
  5. Sanders v. United StatesUnited States Court of Claims · 1979

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