Volk v. United States
United States Court of Claims
The Reporter’s statement of the case: The following statement is referred to in the opinion of the court: STATEMENT FROM ELEADINGS, ETC., IN CASE IN CIRCUIT (NOW DISTRICT) COURT.
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The Reporter’s statement of the case: The following statement is referred to in the opinion of the court: STATEMENT FROM ELEADINGS, ETC., IN CASE IN CIRCUIT (NOW DISTRICT) COURT. In case No. 215 tlie complaint of tlie United States, plaintiff, filed in the Circuit Court in April, 1910, alleged “ for a cause of action ” against certain individual defendants (tlie sureties on the contractor’s bond)— 1. The advertisement for proposals for the construction of stated work. 2. The submission by the Widell-Finley Company of a bid thereon. 3. The acceptance of that bid and the making of a contract, a…
1Opinion of the CourtCampbell, Chief Justice
The defendant has filed a motion for a new trial under section 176 of the Judicial Code (Rev. Stat. 1088). From the final judgment of this court the defendant took an appeal to the Supreme Court of the United States, which is still pending therein.
Section 176 reads as follows:
■ “ The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise,…
2Cases cited10 opinions
- United States v. California Bridge & Construction Co.Supreme Court of the United States · 1917
- United States v. EckfordSupreme Court of the United States · 1868
- Smythe v. United StatesSupreme Court of the United States · 1903
- Ex Parte RussellSupreme Court of the United States · 1872
- Belknap v. United StatesSupreme Court of the United States · 1893
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3Cited by2 opinions
- Pocono Pines Assembly Hotels Co. v. United StatesUnited States Court of Claims · 1932
- Brooks-Scanlon Corp. v. United StatesUnited States Court of Claims · 1927