Reports from the Court of Claims Submitted to the House of Representatives Volume 15

Reports from the Court of Claims Submitted to the House of Representatives Volume 15

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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. 1880 edition. Excerpt: ...amended without bringing in an entirely new party Dot previously before the court in any capacity. Thus we find ourselves on every consideration forced to a different conclusion from that formerly reached by the majority of the court when refusing to allow the previous motions. Those motions were imperfectly drawn, although designed to accomplish the same results now sought. (12 C. Cls. R., 273.) The decision then was made by a bare majority of the judges. Two of those who dissented have retired from the bench, and the two who have taken their places agree with their immediate predecessors and are of opinion that the motion should have been allowed. One of the judges who then concurred in the decision, now, upon a more perfect presentation of the case and after more full and mature consideration of the whole subject, is of opinion that counsel should have been allowed to amend in proper form, so as to correct the manifest errors in the body of the petition, and that the amendments and the motion to substitute the administrator de bonis non of John H. Thomas should have been granted. The fact was not then distinctly presented, as it now is, that Mr. Thomas, the husband, never could have brought an action in this court, he having died before the court was open to claimants under the Captured or abandoned property Act (TibDissenting opinion. betfs Case, 1 C. Cls. R., 169). The case shows that material fact to have been overlooked by counsel, and therefore not considered by the court. Another of the then concurring judges is of opinion that the court should allow this motion if it has jurisdiction to do so, and he assents to the entry of such allowance in order that the case may be put in such condition that the question may be determined more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 123677132X
  • 9781236771322