Bryan v. United States

Court of Claims

Bryan v. United States

21 Ct. Cl. 249, 1886 U.S. Ct. Cl. LEXIS 60, 1800 WL 1489

CourtUnited States Court of Claims

DecidedApril 5, 1886

DocketNo. 14733

StatusPublished

Cited by1 cases

This text of 21 Ct. Cl. 249 (Bryan v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryan v. United States, 21 Ct. Cl. 249, 1886 U.S. Ct. Cl. LEXIS 60, 1800 WL 1489 (cc 1886).

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Opinion

Weldon, J.,

delivered the opinion of the court:

This claim is of the same character of the'claim made in the case of John S. Wallace (20 C. Cls. R., 273), of this court and affirmed by the Supreme Court (116 U. S. R., 398). The only point of defense made by the United States is based upon the fact that a large portion of the claim was not presented to the Department by the claimant for payment. We have held at the present term, on demurrer, in the case of Eavesies (ante), that such presentation was not necessary in order to give the petitioner a complete cause of action, and have fully explained the reason for it.

According to the doctrine of those cases the petioner is entitled to recover the sum of $806, and for that amount judgment will be entered in his favor.

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Weldon, J.,

delivered the opinion of the court:

This claim is of the same character of the'claim made in the case of John S. Wallace (20 C. Cls. R., 273), of this court and affirmed by the Supreme Court (116 U. S. R., 398). The only point of defense made by the United States is based upon the fact that a large portion of the claim was not presented to the Department by the claimant for payment. We have held at the present term, on demurrer, in the case of Eavesies (ante), that such presentation was not necessary in order to give the petitioner a complete cause of action, and have fully explained the reason for it.

According to the doctrine of those cases the petioner is entitled to recover the sum of $806, and for that amount judgment will be entered in his favor.

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Bluebook (online)

21 Ct. Cl. 249, 1886 U.S. Ct. Cl. LEXIS 60, 1800 WL 1489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-united-states-cc-1886.

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