William R. Day

“ Was there error in awarding the owners interest on the value of their lands appropriated from the time of actual taking of the same until compensation was made?
It is unquestionably true that the United States upon claims made against it cannot, in the absence of a statute to that end, be subjected to the payment of interest. ”

“ The petition prayed that the court appoint commissioners to assess the damage which the owners had sustained in consequence of the taking and appropriation of their lands, and that upon payment of the amount asessed the lands be decreed to be the property of the United States from the date of the appropriation thereof. ”

“ Section 2 of the act provides that the practice, pleadings, forms, and modes of proceedings in causes arising under the provisions of the act shall conform, as near as may be, to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record in the state within which such Circuit or District Courts are held. ”