Claim

2 A challenge by a man of the propriety [property] or ownership of a thing which he has not in possession, but which is wrongfully detained from him.' In a juridical sense, a demand of some matter as of right made by one person upon another, to do or to forbear to do some act or thing as a matter of duty.'' A more limited but equally explicit definition is that given by Lord Dyer in Stowel's Case.*< ' The assertion, demand, or challenge of something as a right, or the thing thus demanded or challenged.* 1 [1 Story, Const. § 791. L. clamare, to call out, demand. s Stowel V. Zouoh, 1 Plow. 359 (1568), Lord Dyer. The subject-matter of a claim is the facts or circumstances out of which the claim arises or by reason of which the supposed right accrues.' Something asked for or demanded on the one hand and not admitted or allowed on the other. When the demand is admitted it is not a mere claim, but a debt. It no longer rests in mere clamor or petition, but is something done upon whicli an action maybe maintained. Thus, "a claim upon the United States " (E. S. § 3477) is something in the nature of a demand for damages arising" out of some alleged act or omission of the government, but not yet provided for or acknowledged by law. Every account upon which any siun of money or other thing is or is claimed to be due to the person presenting it is a claim or demand; but every claim, or demand is not an " account." The,terms, however, may be used synonyniously.s May refer to such deb't or demand against a decedent as might have been enforced against him in his life-time by personal action for the recovery of money, and upon which only a money judgment could have been rendered.* Claims against an estate are those in existence at the death of the deceased. Other claims are properly denominated "expenses of administration."'' See Demand, 1. Referring to public lands, relates to a settler's right or improvement on land the fee of which is in the government.* Within the meaning of Rev. St., § 3438, providing for the punishment of any person who prefers a claim (pension) against the Government, knowing the same to be false, " claim " is not used in the sense of a demand theretofore presented, but of a demand then existing, and known to be wrongful. The act of presenting it in the fii'st instance is denounced as a crime. ' Under that section one is guilty who presents a claim which he believes to be just, but seeks to substantiate by the affidavit of a person who, to his knowledge, certifies to a fact of which the affiant knows nothing. Adverse claim. See Possession, Adverse. Claim and delivery; claim-bond. See Replevin, 1. ' Fordyce v. Godman, ante. 2 Dowell V. Cardwell, 4 Saw. 238 (1877), Deady, J. ' Stringham v. Supervisors, 24 Wis. 600 (1869), Dixon, C. J.; 43 id. 644; 66 id. 170, 245; 40 Ala. 147. 1 Fallon V. Butler, 21 Cal. 33 (1862), Field, C. J.; Mo Causland's Estate, 52 id. 577 (1878); 9 id. 616; 38 id. 23. 88; 46 id. ICO; 9 Greg. 391; 2 N. Y. 254; 43 id. 413. 'Dodsonu Nevitt, 6 Mouta. 530 (1885); Mc Laughlin V. Winner, 63 Wis. 128 (1885). ' Bowman v. Torr, 3 Iowa, 574 (1856); United States V. Wilcox, 4 Blatch. 388-89 (1859). ' United States v. Rhodes, 30 F. R. 433 (1887), Brewer, J. Claim of title. See Color, 3. Of title. Claimant. 1. One who demands a thing as a matter of right. 3. One who has filed a claim as the law requires. I 3. In admiralty, a person admitted to defend a libel in rem, q. v. A bona fide claimant to land is one who supposes that he has a good title and knows of no adverse' claim.'' See Faith, Good. ' Under preemption laws " claim " and " claimant " are frequently used in connection with the right to acquire title to a part of the public lands upon compliance with the laws.' Counter-claim. A cross-demand, existing in favor of a defendant. Includes ife- Goupment and set-off. " Counter " means contrary to, contrary way, opposition; and "claim," the demand of anything that is in the possession of another, the right to demand of another.* The term of itself imports a claim opposed to, or which qualifies, or at least in some degree affects, the plaintiff's cause of action or the right to the relief to which he would otherwise be entitled by his action. " Consists of a set-off or claim by way of recoupment, or is in some way connected with the action stated in the complaint." ° Is -broader than "set-off;" includes not only demands the subject of set-off and recoupment, but equitable demands. " Under the laws of many States, if the claim and coimter-claim are both established, the latter reduces the former; but if the counter-claim alone is established, judgment is recovered tor the amount of it. See further Set-off. Non-claim. Omission or neglect to make a demand; failure to assert a claim within the time limited by law. "An infant shall lose nothing by non-claim, or neglect to demand his x'ight." ' A statute of non-claim has all the characteristics of a statute of limitations. See Affidavit, Of claim; Courts, United States; Disclaimer; Interplead; Quitclaim; Reclaim; Stale. ' [Adams V. WoitUI, 46 Ga. 295 (187-'). 'Morrison v. Robinson, 31 Pa. 459(18-8): 1 Wash. 79. See also 13 F. R. 152, = United States v. Spaulding, 3 Dak. 92-93 (1882). * [Great Western Ins. Co. v. Pierce, 1 Wyom. 49-60 (1872). Fisher, C. J. i Dietrich v. Koch, 35 Wis. 626 (1874), Lyon, J.: 24. How. Pr. 329, 33i; 23 Barb. 143; 21 N. Y. 191, 19o'; 63 id. 549; 40 Ark. 78; 7 Ind. 533; 3 Pars. Contr. 741; Roberts V. Donovan, 70 Cal. 113 (1886), cases. In actions ex delicto, see 20 Cent. Law J. 363-65 (1886), cases. = Roberts v. Donovan, 70 Cal. n.3 (1886), cases; Cal. Code Civ. Proc, §438.