Volume 25 — Court of Claims Reports

On the Proofs. The Reporters’ statement of the case: The following are the facts of this ease as found by the court: I. The claimant, Lewis F. Churchill, was a commissioner of the Circuit Court of the United States for the western district of North Carolina from the 20th.day of October, 1885, to the 30th day of June, 1887. II.

On the Proofs. The Reporters’ statement of the case. The following are the facts of this case as found by the court: I. For some years prior to the 30th day of August, 1884, and between the 20th day of October, 1880, and the said 30th day of August, 1884, Gouverneur Paulding, Gouverneur Kemble, James N. Paulding, and Peter Kemble were copartners, engaged in business in the city of New York and elsewhere, under the ñrm name or style of Paulding, Kemble & Go., and as such firm…

On the Proofs. The Reporters’ statement of the case: The following are the facts of this case as found by the court: The claim in this case for supplies, or stores, alleged to have been taken by or furnished to the military forces of the United States for their use during the late war for the suppression of the rebellion, was transmitted to the court by the Committee on War Claims of the House of Representatives on the 18th -day of February, 1885.

On the Proofs. The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. That claimant, Benjamin G-ardner, was a commissioner of the Circuit Court of the United States for the middle district of Alabama from January 18, 1886, to June 30, 1886. II.

On the claimants Motion. The Reporters’ statement of the case: The case came before the court on a motion for a new trial. As the amount involved did not confer a right of appeal on the claimant, no finding of facts was filed.

On the Proofs. The Reporters’ statement of the ease. The following are the facts of this case as found by the court: I. The claimant is a corporation, organized under the laws of the State of Alabama, and operates a railroad from Chattanooga, in the State of Tennessee, to Meridian, in the State of Mississippi, the said road being successively in the States of Tennessee, Georgia, Alabama, and Mississippi. II. The distances upon said road are as follows: Miles.

On the Proofs. The Reporters1 statement of the case: The following are the facts of the case as found by the court: I. Previously to February 29, 1884, the Florida Transit and Peninsular Railroad Company operated a railroad from Waldo to Wildwood, in Florida, constructed in part by land grant made by Congress on condition that the mails should be transported over the road at such price as Congress should by law direct (11 Stat.

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the coart: I. On the 23d day of May, A. D. 1881, Paul McCormick, party of the second part, entered into a written contract in the usual form of army supply contracts with the United States, through Lieut.

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the court: I. The plaintiff, John R. Tanner, was, in the years 1884 and 1885, marshal of the United States for the southern district of Illinois. II. As such marshal he rendered to the district court of the United States his account for executing warrants of commitments of certain prisoners to the penitentiary at Chester, Ill. III.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. Plaintiff was consul of the United States at Amoy, China, from July 20, 1879, to September 2, 1885, and remained at his post during that time, when he returned to the United States on the 7th day of November, 1885. II.

On the defendants1 Motion. The Reporters1 statement of the case: The bill in Congress for the relief of the claimant, his petition to Congress, and his petition in .this court, together with the defendants’ motion to dismiss, will be found in the opinion of the court. ;The question of jurisdiction presented in this case is a new one in this court. A demurrer should lie, if the facts stated are true and the legal positions of claimant sustained.

On the claimant’s Motion. The Reporters’ statement of the case: The grounds of the motion are set forth in the opinion of the court.

On the Proofs. The Reporters1 statement of the case: Immediately after the decision of this case was announced a motion in the nature of a review, and to correct alleged errors of law, was made on behalf of the claimants. In the meanwhile a number of other cases, where parties had suffered a similar injury, were brought to the attention of the court and a re-argument was allowed, in which all parties interested were heard.

On the Proofs. The Reporters’ statement of tlie case : The following are the facts of the case as found by the court. I. On the 6th of October, 1878, the claimant was a second lieutenant in the Twelfth Regiment of Infantry in the Army of the United States, and was acting assistant commissary of subsistence.

On the claimant’s Motion. The Reporters’ statement of the case: The grounds of this motion, and the facts relating to it, will be found in the opinion of the court.

On the Proofs. The Reporters'1 statement of the case : The facts of this case are set forth in the opinion of the-court.

On the Proofs. The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant, Robert H. Buck, was the commissioner of the circuit court of the United States for the district of Colorado from November 12, 18.9, to December 15, 1886. II.

On the defendants’ Motion. The Reporters’ statement of the. case: The grounds of this motion and the facts relatiag to it are set forth in the opinion of the court.

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the court: I. James A. Briggs is the executor of the last will and testament, under the laws of Kentucky, of Charles M. Briggs, deceased.

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the court: I. Plaintiff is a resident of the District of Columbia; by occupation a ship-carpenter. As a ship-carpenter he was from time to time, between the years 1833 and 1882, employed at the Washington navy-yard, situated upon the Eastern Branch of the Potomac River.

On the Proofs. The Reporters’ statement of tlie ease. The following are the facts of this ease as found by the court: I. On or about the 14th July, 1874, a church at the corner of Wabash avenue and Harrison street, in the city of Chicago, occupied for post-office purposes after the conflagration of 1871, was destroyed by fire.

On the defendants’ Motion. The Reporters' statement of the case: The grounds of the motion will be found set forth in the opinion of the… Held: a trust for a certain period, but to the benefits of which this claimant does not pretend to be entitled; and the second list of cases serves to prove what is here insisted upon, that if any right of action ever accrued to the claimant it was one of indebitatis assumpsit iov money had and received by the Government to his use under…

On the-defendants1 Motion. The Reporters1 statement of tbe case: The grounds of this motion will be found in the opinion of the court.

On the Proofs. The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. The claimant was marshal for the Territory of Idaho from August 25,1882, to September 1,1886, and during that time performed services in attending court, in service of processes, and in traveling; and he also incurred expenses, all of which are set out in detail in the schedules and accounts annexed to-his petition.

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the court: I. From December 15, 1879, to May 19,1887, plaintiff leased and operated a coal mine upon the bank of the Missouri River at Lexington, La Fayette County, Mo., from which he derived profit. Adjoining plaintiff’s mine upon the north was a disused and abandoned coal mine owned by the Lexington Ferry Company.

On the Proofs. The Reporters’ statement of tbe case: The following are the facts of this case as found by the-court: It is agreed in this case that William H. Crain was elected a member of the Fifty-first Congress from the Seventh district of the State of Texas, at a regular election in November, 1888..

On the Proofs. The Reporters' statement of tbe case. Held: that where the work was performed after the time stipulated, with the knowledge of the defendant, that “ the law imputes a promise on his part to pay what the labor was reasonably worth(Debois v. Canal Co., 4 Wend., 285.) The court will observe that defendant’s use of claimant’s invention was precisely the same as so much labor…

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by this court: I. On January 18, 1865, the claimant was mustered in as a second lieutenant in tlie Veteran Eeserve Corps of Volunteers, and served as such till September 20,1866, when he was honorably mustered out. October 3, 1866, he was appointed second lieutenant in the Forty-fourth Eegiment of Infantry, U. S. Army, and accepted the appointment the same day.

On the Proofs. The Reporters' statement of the case: This case not being appealable on the part of the claimant, no finding of the facts was filed. The testimony of the claimant alluded to in the opinion of the court as “ a most truthful statement of facts.” was as follows: Question.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On the 1st of October, 1874, John U. Orygier was appointed a cadet-engineer in the Navy; completed his course of instruction at the Naval Academy, and was detached therefrom on the 10th of June, 1879.

On the defendants’ Motion. The Reporters’ statement of the case: The grounds of the motion may be found in the opinion of the court.

On the Proofs. The Reporters’ statement of the case : The following are the facts of this case as found by the court: I. In August, 1883, and for several years before, the claimant was the owner of a certain piece of land lying west of Georgetown, in the District of Columbia, containing 17-£ acres. At that time, or soon after, the defendants, under the provisions of the Act of Congress approved July 15, 1882 (22 Stat.

On the Proofs. ■ The Reporters statement of the ease: The following are the facts of the case as found by the court: I. The claimant has been a commissioner of the circuit court of the United States for the western district of North Carolina from 1880 to the present time.

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the court: I. The claimant was an assistant'engineer in the Navy oh the 23d of September, 1872, when he became entitled to promotion upon examination and upon being found qualified. At that time he was absent on duty, and by reason of such absence and without fault on his part, he was not then examined.

On the claimant’s Motion. The Reporters’ statement of the case: The grounds of the motion may be found set forth in the opinion of the court.

On the Proofs. The Reporter's statement of the case: The following are the facts as found by the court: I. In the year 1881 the claimant invented a device for breech-loading guns, now known as the “ Tates gun,” which device was susceptible of being applied to guns already in use as well as to new guns, and was selected by the Secretary of War in 1883, who authorized its application as hereinafter stated.

On the Proofs. The Reporters’ statement of tlie case: The following are the facts of the ease as found by the court: I. Claimant is a commander in the Navy of the United States, with the following record of entry and promotion: 11 Volunteer service. — Acting master’s mate, 7th May, 1861; acting ensign, 27th November, 1862; acting master, 11th August, 1864. “Regular service. — Master, 12th ' March, 1868; lieutenant, 18th December, 1868; lieutenant-commander, 3d July, 1870;.…

On the Proofs. The Reporters’ statement of the case: The following are the facts of the ease as found by the court: I. The claimant, Charles M. Dennison, was a commisioner of the Circuit Court of the… Held: that the action of the judge upon such accounts is merely advisory to the accounting officers. As the account without the judge’s approval would not be prima facie evidence of liability, the quality of his action must be more than advisory to produce such a result.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant is executrix of the estate of William O. H. Waddell, deceased. II. Said W. C. H. Waddell was appointed marshal of the United States for the southern district of New Tork by Andrew Jackson, President, and by that appointment and re-appointment held the office from November 7,1831, to December 10, 1839, when his last commission expired, III.

On the claimants' Motion. The Reporters' statemeut of tlie case: The facts relating to the present motion and the history of the case will be found set forth in the report of the first decision ante p. 87. The Government proceeded to condemn a right of way and nothing else for its tunnel, and the discretion vested in the Secretary of War and Attorney-General to secure a strip of ground suitable for an avenue over the aqueduct was never exercised by them. (Senate Bx. Doc.

On the Proofs. The Reporters’ statement of the case: The following are the facts of this case as found by the court: The claim in the above-entitled case was transmitted to the court by the Secretary of the Treasury on the 31st day of March, 1888.

On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the cohrt: I. The claimant was a commissioner of the circuit court of the United States for the northern district of Alabama from October 18,1887, to December 31, 1888., II.

On the Proofs. The Reporters' statement of the case: The following are the facts of this case as found by the court:. I. June 25, 1864, the direct-tax commissioners of the United States for the State of Tennessee, at a direct-tax sale, struck down lot No. 118, in Memphis, Tenn., to Reuel Hough, and issued to him certificate No. 1076, as set out in Finding II. Boyd & Walt, the claimants in No. 14367, were then the owners of said lot. From this sale there was no redemption.

On the Proofs. The Reporters' statement of the case: This case, as will be seen by the order appended to the-opinion, was remanded for further evidence in regard to damages.

On the Proofs. ■ The Reporters7 statement of the case: The following are the facts of the case as found by the court: I. The claimant was appointed May 28, 1881, disbursing clerk in the office of the Secretary of the Treasury, by written appointment, and gave bonds, of which the following are copies: “ Treasury Department, . “ OEEIOE OE THE SECRETARY, “ JDiv. of Appointments, Washington, I).

On the Proofs. . The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. August 17,1861, the claimant was appointed and commissioned first lieutenant… Held: approved its proceedings, findings, and sentence, and on April 13, 1.869, forwarded the record to the Secretary of War for the action of the President of the United States.

On the Proofs. The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The commission authorized by the resolution of December 14, 18G9, and of which plaintiff, then Supervising Architect of the Treasury, was a member, decided to erect a building for the Department of State upon McPherson Square, in the city of Washington.

On the Proofs. The Reporters’ statement of the ease: The following are the facts of the case as fouud by the court I. During the period of time within which the claimant invented the devices hereinafter mentioned he was in the defendants’ employment, and received wages, or a salary, for his services.

On the Proofs. The Reporters'1 statement of the case: The following are the facts of this case as found by the court: I. Plaintiff was at the date of the transactions hereinafter mentioned a steam-ship corporation, created by the laws of Great Britain, having its principal office in Liverpool, England; the principal officers reside in England; it has an office in the city of Boston, State of Massachusetts.

On the defendants’ Motion. The Reporters’ statement of the case : The facts of this case and .the grounds of the motion will be found in the opinion of the court.

On the Proofs. The Reporter's statement of the case: The following are the facts of the case as found by the court: I. The claimant is the administratrix of Sterling T. Austin, deceased, who, before and at the time of his death, in 1879, resided in Carroll Parish, in the State of Louisiana. The said decedent at the time of his death was about sixty-four years old.

On the Proofs. The Reporters’ statement of the ease. The following are the facts of the ease as foundby the court: 1. The claimant and General M. C. Meigs, supervising engineer and architect for the Pension Office, on the 17th day of September, 1886, entered into the contract annexed to and forming part of the petition.

On the Proofs. The Reporters’ statement of the case : The following are the facts of the case as found by the court: I. The claimants, John L. Smithmeyer and Paul J. Pelz, were, at the times hereinafter mentioned, copartners, doing business as architects in the city of Washington. II. From the year 1873 until the month of October, 1886, the claimants devoted their time as architects in the making of plans and drawings for a building for the Library of Congress.

On the Proofs. The Reporters’ statement of the case: This case was referred to the court by the Secretary of the Treasury under the Revised Statutes, § 1063.

<p> On the claimant’s Appeal. </p>

<p>Tile claimant contracts to carry the mail “from Salinas, by Santa Rita and Natividad, to Qabilan and batik, six times a week.” The road through the places named is an are of 12 miles. The direct road from Gab-ilan to Salinas forms the chord of the arc, and is 10 miles. The claimant carries the mail from Salinas to Gabilan via the places named, hut carriesit “back” by the direct road. He thus performs under three snccessive-contracts for nearly twelve years. When the last contract has nearly expired the Postmaster-General deducts nearly a year’s compensation from moneys due the claimant because he has not carried the mail back via Natividad and Santa Rita.</p>

<p> On the claimant’p Appeal. </p>

<p> On both parties’ Appeals. </p>

<p> On the defendant's Appeal. </p>

<p> On the claimants Appeal. </p>

<p>A district attorney is allowed a counsel fee of $30 in each of a number of criminal cases by the court before which the cases were tried. The Attorney-General reduces the fee. The accounting officers follow the ruling of the Attorney-General.</p>