Eldridge v. United States

Court of Claims

Eldridge v. United States

26 Ct. Cl. 253, 1891 U.S. Ct. Cl. LEXIS 53, 1800 WL 1761

CourtUnited States Court of Claims

DecidedApril 6, 1891

DocketFrench Spoliations 113

StatusPublished

This text of 26 Ct. Cl. 253 (Eldridge 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

Eldridge v. United States, 26 Ct. Cl. 253, 1891 U.S. Ct. Cl. LEXIS 53, 1800 WL 1761 (cc 1891).

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Opinion

Pee. curiam :

It is not shown b.y competent and sufficient evidence herein that the plaintiff in fact represents the next of kin of Sylvanus Macy, deceased. The record of the probate court granting administration is not sufficient to establish the fact required by the statute, and must be supplemented by a deposition or depositions, at the taking of which the United States shall have an opportunity to cross-examine the witness or witnesses. If such a deposition has already been filed in connection with the proof heretofore required of identity it will be considered and may be sufficient.

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Pee. curiam :

It is not shown b.y competent and sufficient evidence herein that the plaintiff in fact represents the next of kin of Sylvanus Macy, deceased. The record of the probate court granting administration is not sufficient to establish the fact required by the statute, and must be supplemented by a deposition or depositions, at the taking of which the United States shall have an opportunity to cross-examine the witness or witnesses. If such a deposition has already been filed in connection with the proof heretofore required of identity it will be considered and may be sufficient.

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Bluebook (online)

26 Ct. Cl. 253, 1891 U.S. Ct. Cl. LEXIS 53, 1800 WL 1761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eldridge-v-united-states-cc-1891.