George v. United States

Court of Claims

George v. United States

106 Ct. Cl. 195, 1946 U.S. Ct. Cl. LEXIS 37, 1946 WL 4426

CourtUnited States Court of Claims

DecidedMarch 4, 1946

DocketNo. 46699

StatusPublished

This text of 106 Ct. Cl. 195 (George 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

George v. United States, 106 Ct. Cl. 195, 1946 U.S. Ct. Cl. LEXIS 37, 1946 WL 4426 (cc 1946).

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Opinion

Per Curiam :

This case is before us on demurrer.

Plaintiff sues because he “was incarcerated for probation violation subsequent to a date when all demands upon plaintiff were satisfied by the serving in full of the probationary period.”

Plaintiff’s only right of action is under the Act of May 24, 1938, c. 266, 52 Stat. 438; Title 18, secs. 729-732, U. S. C. This Act creates a right, of action against the United States if a person serves all or a part of a sentence and thereafter on appeal or new trial or rehearing he is found not guilty of the crime of which he was convicted, or if he is pardoned on the ground of innocence.

[196]*196Plaintiff’s petition contains none of tbe averments necesr sary to bring him within the terms of this Act. Defendant’s demurrer is sustained, and plaintiff’s petition, therefore, will he dismissed. It is so ordered.

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Per Curiam :

This case is before us on demurrer.

Plaintiff sues because he “was incarcerated for probation violation subsequent to a date when all demands upon plaintiff were satisfied by the serving in full of the probationary period.”

Plaintiff’s only right of action is under the Act of May 24, 1938, c. 266, 52 Stat. 438; Title 18, secs. 729-732, U. S. C. This Act creates a right, of action against the United States if a person serves all or a part of a sentence and thereafter on appeal or new trial or rehearing he is found not guilty of the crime of which he was convicted, or if he is pardoned on the ground of innocence.

[196]*196Plaintiff’s petition contains none of tbe averments necesr sary to bring him within the terms of this Act. Defendant’s demurrer is sustained, and plaintiff’s petition, therefore, will he dismissed. It is so ordered.

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Bluebook (online)

106 Ct. Cl. 195, 1946 U.S. Ct. Cl. LEXIS 37, 1946 WL 4426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-united-states-cc-1946.