In re Chase

U.S. Circuit Court for the District of Massachusetts

In re Chase

50 F. 695, 1892 U.S. App. LEXIS 1772

U.S. Circuit Court for the District of Massachusetts·Decided May 12, 1892·No. No. 3,566·Published·Cited by 2 cases

Opinion

Colt, Circuit Judge.

Whatever may have been the practice under former statutes, I am of the opinion that under the act of June 10,1890, (26 St. p. 131,) no interest or costs can be recovered against the United States, because the suit is, in substance, brought against the United States, and the act makes no provision for such payment. Upon this point I can add nothing to the opinions of the attorney general under dates of August 7, 1891, and December 10, 1891. The items of interest and costs may therefore be stricken from the judgment in the present case.

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Colt, Circuit Judge.

Whatever may have been the practice under former statutes, I am of the opinion that under the act of June 10,1890, (26 St. p. 131,) no interest or costs can be recovered against the United States, because the suit is, in substance, brought against the United States, and the act makes no provision for such payment. Upon this point I can add nothing to the opinions of the attorney general under dates of August 7, 1891, and December 10, 1891. The items of interest and costs may therefore be stricken from the judgment in the present case.

In re Chase, 50 F. 695, 1892 U.S. App. LEXIS 1772 (circtdma 1892).

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Opinion

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