Legal Opinion

Chieves v. United States

United States Court of Claims

Decided December 3, 1906No. 10425PublishedCited by 6 opinions

The Reporters statement of the case: The .United States Senate, by resolution dated February 27, 1901, referred a bill to this court for the payment of $10,000 to the above-named claimant for property taken by United States forces during the war for the suppression of the rebellion. The claimant appeared and filed his petition in the court November 13, 1901, in which he avers substantially as follows : That during the late civil war James Chieves and Edmund FI.

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The Reporters statement of the case: The .United States Senate, by resolution dated February 27, 1901, referred a bill to this court for the payment of $10,000 to the above-named claimant for property taken by United States forces during the war for the suppression of the rebellion. The claimant appeared and filed his petition in the court November 13, 1901, in which he avers substantially as follows : That during the late civil war James Chieves and Edmund FI. Osborn were engaged, under the firm name of Chieves & Osborn, in the manufacture of tobacco in the city of Peters-burg, Ya.; that in…

1Opinion of the CourtHowey, J.

This cause was transmitted to the court for investigation by proper resolution under the provisions of the act of March 3, 1887 (24 Stat. L., 505), commonly known as the “ Tucker Act.” It was dismissed for want of proof of claimant’s loyalty.

New trial having been granted, the court has given careful consideration to the statute, as well as to all other statutes, bearing upon the investigation of claims within the court’s *24jurisdiction; the supposed intent of Congress with respect to the enactment under which the claim has been transmitted; the consequences to those bodies should we deny…

2Cases cited4 opinions

  1. United States v. Union Pacific RailroadSupreme Court of the United States · 1875
  2. United States v. Realty Co.Supreme Court of the United States · 1896
  3. Vincent v. United StatesUnited States Court of Claims · 1904
  4. Dowdy v. United StatesUnited States Court of Claims · 1891

3Cited by6 opinions

  1. Montgomery v. United StatesUnited States Court of Claims · 1914
  2. Brandon v. United StatesUnited States Court of Claims · 1911
  3. Richardson v. United StatesUnited States Court of Claims · 1935
  4. Brandon v. United StatesUnited States Court of Claims · 1911
  5. Brandon v. United StatesUnited States Court of Claims · 1912

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