United States v. McLemore

45 U.S. 286, 11 L. Ed. 977, 4 How. 286, 1846 U.S. LEXIS 398

• Court: Supreme Court of the United States
• Decided: January 21, 1846
• Status: Published

Opinions

Mr. Justice McLEAN

delivered the opinion of the court.

This is an appeal from the decree of the Circuit Court of the United States, for the District of Middle Tennessee.

' The bill was filed by McLemore and Cantwell,-surviving executor of Robert Searcy, deceased, and surviving executor of George M. Deoderick, deceased, representing that a judgment was obtained' by the United States against • the executors of Searcy, for the sum of seventeen thousand and twenty-eight dollars and forty-one cents. That various payments had béen made on the judgment until the whole or nearly the whole had been paid. That the last execution on the judgment was issued the 10th of January, 1842, for a balance claimed on the judgment of two thousand eight hundred thirty-two dollars and thirty-seven cents. And they state that their payments were made to different persons named, who succeeded each other in the office of District Attorney of the United States for Middle Tennessee ; and that by the absence and death of a part of them it is difficult to show the sums paid. That the mohey was principally collected by the district attorneys on notes handed them for collection, the proceeds of which, when received, were to be applied to the discharge of the judgment: That this arrangement was sanctioned by the treasury department. And the prayer of the bill is, that the judgment may be enjoined, &c.

The District Attorney of the United States answered the bill, and the matter of payments was referred to a master, who rep ted a balance against the United States, after paying the.judgn .nt. On this reportj the district judge holding the Circuit Court decreed a perpetual injunction, and that the United States should pay the costs.

There was no jurisdiction of this case in the Circuit Court, as the government is not liable to be sued, except with its own consent, given bylaw. ' Nor can a decree or judgment be entered against the government for costs.

The Circuit Court, as a court of law, may direct credits to be given on the judgment, and having a right to order satisfaction to be entered on the judgment,'consequently may examine the grounds on which such an entry is claimed, and may direct the execution to be stayed until such an investigation shall be made.

This bill is dismissed.