Legal Opinion

Dooley v. United States

Supreme Court of the United States

Decided May 27, 1901No. 501PublishedCited by 185 opinions

EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action begun in the Circuit Court, a§ a Court of Claims, by the firm of Dooley, Smith & Co., engaged in trade and commerce between Porto Eico and New York, to recover back certain duties to the amount of $5374.68, exacted and paid under protest at the port of San Juan, Porto Eico, upon several consignments of merchandise imported into Porto Eico from New York between July 26,…

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EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action begun in the Circuit Court, a§ a Court of Claims, by the firm of Dooley, Smith & Co., engaged in trade and commerce between Porto Eico and New York, to recover back certain duties to the amount of $5374.68, exacted and paid under protest at the port of San Juan, Porto Eico, upon several consignments of merchandise imported into Porto Eico from New York between July 26, 1898, and May 1, 1900, viz.: 1. From July 26,1898, until August 19,1898, under the terms of the proclamation of General…

1Opinion of the Court

Mr. Justice Brown,

after making the above statement, de: livered the opinion of the court..

1. The jurisdiction of the court in this case is attacked by the government upon the. ground that the Circuit Court, as a Court of Claims, cannot take cognizance of actions for the recovery of duties illegally exacted..

By an act passed March 3, 1887, to provide for the bringing of suits against the government, known as the Tucker act, 24 Stat. 505, c. 359, the Court of Claims was vested with jurisdiction over “first, all claims founded upon the Constitution of the United States or any law of Congress,…

2Cases cited29 opinions

  1. American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
  2. Schillinger v. United StatesSupreme Court of the United States · 1894
  3. Woodruff v. ParhamSupreme Court of the United States · 1869
  4. Hollister v. Benedict & Burnham Manufacturing Co.Supreme Court of the United States · 1885
  5. Langford v. United StatesSupreme Court of the United States · 1880

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3Cited by185 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. United States v. MitchellSupreme Court of the United States · 1983
  3. Boumediene v. BushSupreme Court of the United States · 2008
  4. Franklin v. Gwinnett County Public SchoolsSupreme Court of the United States · 1992
  5. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938

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