United States v. Mason
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the United States from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to the declaration, in an action to recover money alleged to have been paid under a mistake, the plaintiff having elected to stand on the demurrer.
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Hearing on an appeal by the United States from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to the declaration, in an action to recover money alleged to have been paid under a mistake, the plaintiff having elected to stand on the demurrer. The Court in the opinion stated the facts as follows: The United States brought this action against Charles F. Mason to recover the sum of $150. The declaration, in four counts, averred that on September 1, 1889, the defendant, then assistant surgeon in the Army of the United States, presented a claim against the…
1Opinion of the CourtChief Justice Shepard
1. The determination of defendant’s claim and the payment thereof were made under the authority of the act of Congress approved March 3, 1885, entitled, “An Act to Provide for the Settlement of Claims of Officers and Enlisted Men of the Army for Loss of Private Property Destroyed in the Military Service of the United States.” 23 Stat. at L. 350, chap. 335, U. S. Comp. Stat. 1901, p. 173. So much of said act as is of importance in the consideration of this case provides:
“That the proper accounting officers of the Treasury be, and they are hereby, authorized and directed to examine into,…
2Cases cited6 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- Townsend v. LittleSupreme Court of the United States · 1883
- New York & Cumberland R. Co. v. MyersSupreme Court of the United States · 1856
- United States v. OlmstedCourt of Appeals for the Eighth Circuit · 1902
- United States v. OlmstedU.S. Circuit Court for the Southern District of Iowa · 1900
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