Morrison Waite

“ We are all of the opinion that the decision of the Court of Claims, upon a motion by the United States, within the prescribed jurisdiction, is conclusive, and not subject to review. The claimant must rely upon his appeal from the final judgment upon the merits for protection against wrong under this form of proceeding. ”

“ Under the act of June 23, 1868 (15 Stat. 75) , re-enacted in sect. 1008, Rev. Stat., it was said, in Ex parte Russell, 13 Wall. 664, that to justify the grant of a new trial 'a new case must be made,-a case involving fraud or other wrong practised upon the government. ”