Summary

Oliver Wendell Holmes, Jr. United States v. Dalcour — Opinion of the Court

The decree 'rejected' the claim upon the grounds which we have stated, and an opinion was expressed that the grant was not merely annulled by the treaty, but void under Spanish law. But the objection remains to be answered that even if 'reject' was a proper term for the decree in such a case, and even if the jurisdiction to reject included authority to find that the claim had been saved from the treaty by fraud, still there was no jurisdiction to pass upon its validity apart from the treaty, and that, therefore, the claim now may be set up since the act of 1860 has brought it to life.
Source: Wikisource

Oliver Wendell Holmes, Jr. United States v. Dalcour — Opinion of the Court

On December 14, 1878, an amendment was allowed, by which the grant was alleged to have been made to John Forbes & Company, a partnership consisting of Forbes, James Innerarity, and John Innerarity, and the Innerarity heirs were joined as parties. The rights of the United States, especially under the statute of limitations, were saved, and one question argued is whether this amendment could be allowed, when the time for bringing suit under the act of 1860 had expired.
Source: Wikisource

Oliver Wendell Holmes, Jr. United States v. Dalcour — Opinion of the Court

It bears the unusual form of a positive requirement. 'If the decree be against the United States, an appeal shall be entered to the Supreme Court of the United States.' This is a provision based on a specific policy with regard to a certain class of claims. It is not a matter of general principle, but a special trust. See also act of May 23, 1828, chap. 70, § 9 (4 Stat. at L. 284, 286) ; May 26, 1824, chap. 173, § 9 (4 Stat. at L. 55) . It stands on the same ground of peculiar importance that is the foundation of the express grant of certain direct appeals in § 5 of the act of 1891.
Source: Wikisource

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