Legal Opinion

Ayres v. United States

United States Court of Claims

Decided December 14, 1908No. 11903PublishedCited by 1 opinion

The Reporters’ statement of the-case: This case was first tried, in 1907 and is reported in 42 C. Cls. R., 385. Subsequently the claimants moved to change and modify both findings and opinion and a new trial was had.

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The Reporters’ statement of the-case: This case was first tried, in 1907 and is reported in 42 C. Cls. R., 385. Subsequently the claimants moved to change and modify both findings and opinion and a new trial was had. The following are the facts as now found by the court: I. Eli Ayres, claimant’s decedent, died September 3, 1890, in the county of Kaufman in the State of Texas, leaving a last will and testament under which John T. Ayres on November 20, 1890, duly qualified as executor in the county court of the county of Kaufman in the State of Texas. II. As to the lands described in the…

1Opinion of the CourtHowry, J.

This is a motion by the claimant for a new hearing (and treated as such by consent) and to amend certain findings of fact found by the court and filed under an act approved February 24,1905. (33 Stats., 808; 42 C. Cls. R., 385.)

Strictly speaking there is no new testimony, but some additional matter has been officially certified from the public records and considered.

As these issues have been twice presented in elaborate oral arguments, supplemented by printed brief and manuscript reference at great length, the court has become familiarized with the many details, and with the correction of…

2Cases cited14 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. United States v. Alabama Great Southern RailroadSupreme Court of the United States · 1892
  3. Holden v. JoySupreme Court of the United States · 1872
  4. United States v. FinnellSupreme Court of the United States · 1902
  5. Roff v. BurneySupreme Court of the United States · 1897

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3Cited by1 opinion

  1. Pocono Pines Assembly Hotels Co. v. United StatesUnited States Court of Claims · 1932

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