Morrison Waite

“ Such being the case, when congress passes a special statute allowing a suit to be brought in the court of claims, with a right of appeal to this court, the appeal will be governed by the rules applicable to cases arising under the general jurisdiction of the court, unless provision is made to the contrary. ”

“ There was no direct proof to this effect, and the court, instead of stating positively in its findings that such a payment had been made, set out all the circumstantial facts established by the evidence tending to show a payment, and gave judgment against the United States. When the case got here on appeal, it was claimed that the findings were not sufficient to support the judgment, because it did not appear affirmatively that the proceeds of the property had actually been paid into the treasury ”

“ The court of claims has found as facts (1) that the $289.05 was taken from McClure by an armed force in charge of one of the commissioners of the state of Texas while it was in his hands as government money; and (2) that the sum of $1,183.13 was turned over by the assistant treasurer of the United States to the Confederate States, while it was on deposit with him to the credit of McClure as pay-master. ”

“ This rule was amended in some particulars at the December term, 1872, but not in a way to affect the present case. It has been in force, substantially in its original form, from the time of its adoption until now, and has always been strictly adhered to. ”