Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma Volume 12

Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...equitable to the extent of the demand made or property claimed, . They then stand in such proceeding with reference to the rights of defendants or claimants precisely as private suitors, except that they are exempt from costs and from affirmative relief against them beyond the demand or property in controversy." (The Siren, 1 Wallace, 152; United States v. Ringgold, 8 Pet. 130; United States v. McDaniels, 7 Pet. 16.) In the case of Schaumburg v. United States, Mr. Chief Justice Waite, delivering the opinion of the court, stated the rule thus: "Claims for credit can be used in suits against persons indebted to the United States to reduce or extinguish the debt, but not as the foundation of a judgment against the government." The United States v. Warren. The district court evidently found in the case at bar that Warren was not indebted to the United States in any sum, and this was correct as shown by the agreed statement of facts, as we view the law. Hence, if there was in fact nothing due from Warren to the United States, then there was no basis for a set-off and the court erred in its judgment. As we view the law of this case, Warren was entitled to all the sums claimed by him as per diems for attendance on the court, both the sums allowed and disallowed, as well as the sums charged back to him by the comptroller and the amount for which the court rendered judgment is the correct sum which the United States owes Warren for his services as clerk, and for which in the court of claims in a proper action against the United States, he would be entitled to a judgment. But the error of the district court was in giving him an affirmative.judgment. For the reasons herein stated, the judgment of the district court is reversed, and the...
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Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236741684
  • 9781236741684