Mosby v. United States
United States Court of Claims
The Reporters’ statement of tbe case: The allegations of the petition demurred to are set forth in the opinion of the court. Mr. John W. Trainer (with whom was Mr. Assistant Attorney-General Dodge) for the demurrer: The claimant relies upon the decisions of this court in the two cases of Hobbs v. The United States (19 C. OIs. R., 220), and Hew Torlc v. The United States (No. 16430 O. OIs. R.). Upon examination, neither of these cases will be found to sustain his contention.
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The Reporters’ statement of tbe case: The allegations of the petition demurred to are set forth in the opinion of the court. Mr. John W. Trainer (with whom was Mr. Assistant Attorney-General Dodge) for the demurrer: The claimant relies upon the decisions of this court in the two cases of Hobbs v. The United States (19 C. OIs. R., 220), and Hew Torlc v. The United States (No. 16430 O. OIs. R.). Upon examination, neither of these cases will be found to sustain his contention. In the Hobbs Oase the judgment appealed from by the Government was affirmed by the Supreme Court, and an additional…
1Opinion of the CourtHowry, J.
The original suit out. of which the jiresent one arises was instituted in this court March 5,1887, and was for the recovery of certain consular fees which had been paid into the Treasury by the claimant as official fees, but which were claimed by him to be unofficial.
In the original suit a judgment was rendered December 3, 1888, in favor of the claimant for the sum of $13,839.21. Subsequently, an appeal from said judgment was prayed by the United States to the Supreme Court, and after the appeal had been allowed, a cross appeal was prayed and allowed on behalf of the claimant.
The case was…
2Cases cited4 opinions
- United States v. New YorkSupreme Court of the United States · 1896
- United States v. MosbySupreme Court of the United States · 1890
- Hobbs v. United StatesUnited States Court of Claims · 1884
- New York v. United StatesUnited States Court of Claims · 1896