Lucius Quintus Cincinnatus Lamar

“ For these reasons, we think it apparent that the judgment sought to be reviewed by this writ of error was not based on any question arising under section 3477 of the Revised Statutes, but upon questions arising out of the cause of action set forth in the second count of the declaration, and that that judgment proceeded upon grounds broad enough in themselves, and irrespective of any federal question, to support it. Whether correct or not, upon those grounds, it is not our province to inquire, because it does not involve a federal question. ”

“ The jury returned a verdict in favor of the plaintiff, without specifying under which count the damages were assessed, for a sum less by several hundred dollars than the amount which had been received by the defendant from the United States in satisfaction of the aforesaid claim, and judgment was entered upon the verdict. Exceptions having been saved, a writ of error was sued out from the court of errors and appeals of the state, which affirmed the judgment below ”

“ Such transfers, assignments, and powers of attorney must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer ”

“ The defendant pleaded (1) non-assumpsit; (2) payment; (3) set-off; and (4) the statute of limitations. Upon the issues thus joined the case went to trial. At the trial, as shown by the bill of exceptions, the plaintiff, to sustain the issue on his part, under the first count, submitted evidence tending to prove that in 1876 or 1877 the steam-boat company had a claim against the United States, which it considered worthless, for the pilotage and hire of the steam-boat Swan, formerly owned by it ”