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Notes of Decisions

Jurisdiction. The Court of Claims has jur- | Army is pecuniarily responsible for proper isdiction of a suit by a major, Quartermaster disbursement of the funds in his hands, and Corps, U. S. Army, to recover deductions without authority to delegate their disbursefrom bis pay made to recoup the Government ment to another person; and where he infor losses sustained by a commissary and trusts their disbursement to another by whose general sales store of which he was in charge fraudulent disbursement or appropriation of through a regular detail, and for a decree them they are lost to the Government, he is relieving him from responsibility for such not entitled to relief under sections 145 and losses. Sections 145 and 147, Judicial Code. 147 of the Judicial Code (title 28, secs. 250, White v. U. 8. (1931), 72 Ct. Cl. 375. 253, U. 8. C.). Wright v. U. S. (1933), 77

Effect of delegation of functions.-An as- Ct. Cl. 731. sistant, or "agent," disbursing officer of the

770a. Jurisdiction; claims of persons erroneously convicted in United States Courts. - That any person who, having been convicted of any crime or offense against the United States and having been sentenced to imprisonment and having served all or any part of his sentence, shall hereafter, on appeal or on a new trial or rehearing, be found not guilty of the crime of which he was convicted or shall hereafter receive a pardon on the ground of innocence, if it shall appear that such person did not commit any of the acts with which he was charged or that his conduct in connection with such charge did not constitute a crime or offense against the United States or any State, Territory, or possession of the United States or the District of Columbia, in which the offense or acts are alleged to have been committed, and that he has not, either intentionally, or by willful misconduct, or negligence, contributed to bring about his arrest or conviction, may, subject to the limitations and conditions hereinafter stated, and in accordance with the provisions of the Judicial Code, maintain suit against the United States in the Court of Claims for damages sustained by him as a result of such conviction and imprisonment. Sec. 1, act of May 24, 1938 (52 Stat. 438); 18 U. 8. O. 729.

Further provisions of the act, supra, prescribe the evidence admissible and method of procedure.

It has been held that this section is not applicable to persons convicted by courtsmartial (Op. J. A. G. 250.411, August 10, 1938).

771. Jurisdiction; Civil War claims excluded. That from and after the passage and approval of this Act the jurisdiction of the Court of Claims shall not extend to or include any claim against the United States based upon or growing out of the destruction of any property or damage done to any property by the military or naval forces of the United States during the war for the suppression of the rebellion ; nor to any claim for stores and supplies taken by or furnished to or for the use of the military or naval forces of the United States, nor to any claim for the value of any use and occupation of any real estate by the military or naval forces of the United States during said war; nor shall said Court of Claims have jurisdiction of any claim which is now barred by the provisions of any law of the United States. Sec. 5, act of Mar. 4, 1915 (38 Stat. 996); 28 U. S. C. 251.

772. Judgments for set-off or counterclaim (Judicial Code, sec. 146).—Upon the trial of any cause in which any set-off, counterclaim, claim for damages, or other demand is set up on the part of the Government against any person making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judgment, filed in the clerk's office of any district court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such court are enforced. Sec. 146, act of Mar. 3, 1911 (36 Stat. 1137); 28 U.S. C. 252.

773. Decree in case of loss by a disbursing officer (Judicial Code, sec. 147).-Whenever the Court of Claims ascertains the facts of any loss by any pay. master, quartermaster, commissary of subsistence, or other disbursing officer, in the cases hereinbefore provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed as a credit in the settlement of his accounts. Sec. 147, act of Mar. 3, 1911 (36 Stat. 1137); 28 U. S. C. 253.

The duties of the accounting officers of the Treasury are now performed by the General Accounting Office. See 1646, post.

774. Costs to prevailing party (Judicial Code, sec. 152).--If the Government of the United States shall put in issue the right of the plaintiff to recover, the court may, in its discretion, allow costs to the prevailing party from the time of joining such issue. Such costs, however, shall include only what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the court. Sec. 152, act of Mar. 3, 1911 (36 Stat. 1138); 28 U. S. C. 258.

775. Claims pending in other courts (Judicial Code, sec. 154).-No person shall file or prosecute in the Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in respect to which he or any assignee of his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of the United States. Sec. 154, Mar. 3, 1911 (36 Stat, 1138); 28 U. 8. C. 260.

Notes of Decisions In general.—The declared purpose of this the Government, in which the judgment section was only to require an election be- would not be res adjudicata in the suit pendtween a suit in the Court of Claims and one ing in the Court of Claims. Matson Nar. brought in another court against an agent of Co. v. U. S. (1932), 284 U. S. 352.

776. Time limit for filing claims (Judicial Code, sec. 156).—Every claim against the United States cognizable by the Court of Claims shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrues : Provided, That the claims of married women, first accrued during marriage, of persons under the age of twenty-one years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. Sec. 156, act of Mar. 3, 1911 (36 Stat. 1139); 28 U. S. C. 262.

Notes of Decisions In general.-The prosecution and pendency A claim founded upon a contract with the of and proceedings in a claim in a depart. Government and which accrued more than six ment of the Government do not extend the years before it was transmitted to the court six-year limitation within which suit may be by Congressional reference is barred by this instituted in the court. Cohen, Goldman & section. Union Iron Works v. U. S. (1933), Co. v. U. S. (1933), 77 Ct. Cl. 713.

77 Ct. Cl. 467.

Claim first accrues against United States with dependents, and created no new right. within statute of limitations when suit may Running of the statute of limitations as to first be brought upon it (Jud. Code, sec. 156 right of action for recovery of same was not (U. S. C. A. 28 : 262)). Corporation of the postponed by the later act. Caudle v. U. S. Royal Exchange Assurance v. U. S. (D. C., (1931), 72 Ct. Cl. 331. 1934), 6 F. Supp. 689.

An officer's right to rental and subsistence Suits for recovery of refunds required to allowances does not accrue until the end of a be made to the Government. - Where suit is given month, and the statute of limitations brought for recovery of refunds which the does not, as to the allowances for that month, plaintiff was compelled to make to the Gov- begin to run until then. Page v. U. S. ernment, the statute of limitations, sec, 156, (1932), 73 Ct. Cl. 626. Judicial Code, does not begin to run before he Suits for royalties.-Where the time for is compelled to make the refunds. Tricou v. payment of royalties for the manufacture or U. S. (1930), 71 Ct. Cl. 356; Holmes v. U. S. use of patented devices is dependent upon the (1932), 73 Ct. Cl. 693.

performance of an act or acts subsequent to Where rental and subsistence allowances such manufacture or use, a cause of action for allowed and paid an officer were thereafter such royalties does not accrue, and the erroneously disallowed and the amount there- statute of limitations does not begin to run, of deducted from his pay, the statute runs, until such act or acts have been performed. not from the time the allowances became due, Manufacturers Aircraft Assn. v. U. S. (1933), but from the time the deduction from bis pay 77 Ct. Cl. 481. was made. Tallman v. U. S. (1933), 77 Ct. Laches.-A claim brought one day within CL 303.

the limitation fixed by this section for wrongSuits for rental and subsistence allow- ful dismissal from the Marine Corps may ances. The act of May 31, 1924, reenacted nevertheless be barred by laches. Chamberand amended sections 4, 5, and 6 of the act of lain v. U. S. (1928), 66 Ct. CI. 317, certiorari June 10, 1922, which provided for rental and denied (1929), 279 U. S. 815. subsistence allowances to military officers

777. Petitions and verification (Judicial Code, sec. 159).—The claimant shall in all cases fully set forth in his petition the claim, the action thereon in Congress or by any of the departments, if such action has been had, what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested ; that no assignment or transfer of said claim or of any part thereof or interest therein has been made, except as stated in the petition ; that said claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets; that the claimant and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. The said petition shall be verified by the affidavit of the claimant, his agent or attorney. Sec. 159, act of Mar. 3, 1911 (36 Stat. 1139); 28 U. 8. C. 265.

Notes of Decisions

Pleadings and procedure in general.--Peti. I had no notice to meet. Chicago, M. & St. tion must plainly set forth case, and proof P. Ry. Co. v. U. S. (1927), 63 Ct. Cl. 485, must so far correspond with allegations as certiorari denied (1928), 276 U. S. 622. not to introduce demands which defendant

778. Dismissal of petition on account of disloyalty (Judicial Code, sec. 160).The said allegations as to true allegiance and voluntary aiding, abeiting, or giving encouragement to rebellion against the Government may be traversed by the Government, and if on the trial such issues shall be decided against the claimant, his petition shall be dismissed. Sec. 160, act of Mar. 3, 1911 (36 Stat. 1139); 28 U. S. C. 266.

779. Burden of proof as to loyalty (Judicial Code, sec. 161).- Whenever it is material in any claim to ascertain whether any person did or did not give any aid or comfort to forces or Government of the late Confederate States during the

of such judgment, filed in the clerk's office of any district court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such court are enforced. Sec. 146, act of Mar. 3, 1911 (36 Stat. 1137); 28 U. S. C. 252.

773. Decree in case of loss by a disbursing officer (Judicial Code, sec. 147).Whenever the Court of Claims ascertains the facts of any loss by any pay. master, quartermaster, commissary of subsistence, or other disbursing officer, in the cases hereinbefore provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed as a credit in the settlement of his accounts. Sec. 117, act of Mar. 3, 1911 (36 Stat. 1137); 28 U. S. C. 253.

The duties of the accounting officers of the Treasury are now performed by the General Accounting Office. See 1646, post.

774. Costs to prevailing party (Judicial Code, sec. 152).-If the Government of the United States shall put in issue the right of the plaintiff to recover, the court may, in its discretion, allow costs to the prevailing party from the time of joining such issue. Such costs, however, shall include only what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the court. Sec. 152, act of Mar. 3, 1911 (36 Stat. 1138); 28 U. S. C. 258.

775. Claims pending in other courts (Judicial Code, sec. 154). -No person shall file or prosecute in the Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in respect to which he or any assignee of his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of the United States. Sec. 154, Mar. 3, 1911 (36 Stat. 1138); 28 U.S. C. 260.

Notes of Decisions In general.—The declared purpose of this the Government, in which the judgment section was only to require an election be- would not be res adjudicata in the suit pendtween a suit in the Court of Claims and one | ing in the Court of Claims. Matson Nar. brought in another court against an agent of Co. v. U. S. (1932), 284 U. S. 352.

776. Time limit for filing claims (Judicial Code, sec. 156).-Every claim against the United States cognizable by the Court of Claims shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrues : Provided, That the claims of married women, first accrued during marriage, of persons under the age of twenty-one years, first accrued during minority, and of idiots, lunatics, Insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. Sec. 156, act of Mar. 3, 1911 (36 Stat. 1139); 28 U.S. C. 262.

Notes of Decisions In general.-The prosecution and pendency A claim founded upon a contract with the of and proceedings in a claim in a depart-Government and wzich accrued more than six ment of the Government do not extend the years before it was transmitted to the court six-year limitation within which suit may be by Congressional reference is barred by this instituted in the court. Cohen, Goldman & section. Union Iron Works v. U, S. (1933), Co. v. U. S. (1933), 77 Ct. Cl. 713.

77 Ct. Ci, 467.

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Claim first accrues against United States with dependents, and created no new right. within statute of limitations when suit may Running of the statute of limitations as to first be brought upon it (Jud. Code, sec. 156 right of action for recovery of same was not (U. S. C. A. 28: 262)). Corporation of the postponed by the later act. Caudle v. U. S. Royal Exchange Assurance v. U. S. (D. C., (1931), 72 Ct. Cl. 331. 1934), 6 F. Supp. 689.

An officer's right to rental and subsistence Suits for recovery of refunds required to allowances does not accrue until the end of a be made to the Government. Where suit is given month, and the statute of limitations brought for recovery of refunds which the does not, as to the allowances for that month, plaintiff was compelled to make to the Gov-begin to run until then. Page v. U. S. ernment, the statute of limitations, sec. 156, (1932), 73 Ct. Cl. 626. Judicial Code, does not begin to run before he Suits for royalties.--Where the time for is compelled to make the refunds. Tricou v. payment of royalties for the manufacture or U. S. (1930), 71 Ct. Cl. 356; Holmes v. U. S. use of patented devices is dependent upon the (1932), 73 Ct. Cl. 693.

performance of an act or acts subsequent to Where rental and subsistence allowances such manufacture or use, a cause of action for allowed and paid an officer were thereafter such royalties does not accrue, and the erroneously disallowed and the amount there- statute of limitations does not begin to run, of deducted from his pay, the statute runs, until such act or acts have been performed. not from the time the allowances became due, Manufacturers Aircraft Assu. v. U. S. (1933), but from the time the deduction from his pay 77 Ct. Cl. 481, was made. Tallman v. U. S. (1933), 77 Ct. Laches.--A claim brought one day within CI. 303.

the limitation fixed by this section for wrongSuits for rental and subsistence allow. ful dismissal from the Marine Corps may ances.—The act of May 31, 1924, reenacted nevertheless be barred by laches. Chamberand amended sections 4, 5, and 6 of the act of lain v. U. S. (1928), 66 Ct. Cl. 317, certiorari June 10, 1922, which provided for rental and denied (1929), 279 U. S. 815. subsistence allowances to military officers

777. Petitions and verification (Judicial Code, sec. 159).—The claimant shall in all cases fully set forth in his petition the claim, the action thereon in Congress or by any of the departments, if such action has been had, what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested ; that no assignment or transfer of said claim or of any part thereof or interest therein has been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets; that the claimant and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. The said petition shall be verified by the affidavit of the claimant, his agent or attorney. Sec. 159, act of Mar. 3, 1911 (36 Stat. 1139); 28 U. 8. C. 265.

Notes of Decisions Pleadings and procedure in general.--Peti- | had no notice to meet. Chicago, M. & St. tion must plainly set forth case, and proof P. Ry. Co. v. U. S. (1927), 63 Ct. Cl. 485, must so far correspond with allegations as certiorari denied (1928), 276 U. S. 622. not to introduce demands which defendant

778. Dismissal of petition on account of disloyalty (Judicial Code, sec. 160).The said allegations as to true allegiance and voluntary aiding, abeiting, or giving encouragement to rebellion against the Government may be traversed by the Government, and if on the trial such issues shall be decided against the claimant, his petition shall be dismissed. Sec. 160, act of Mar. 3, 1911 (36 Stat. 1139); 28 U. S. C. 266.

779. Burden of proof as to loyalty (Judicial Code, sec. 161).—Whenever it is material in any claim to ascertain whether any person did or did not give any aid or comfort to forces or Government of the late Confederate States during the

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