Clyde v. United States

APPEAL from the Court of Claims; the case being argued and disposed of at the same time with the preceding one.

Clyde, the claimant in the preceding case, presented his petition in that court, the same petition mentioned in that case, claiming by the second count of it compensation for the use of his barge William Hunt, as he had in the former appeal, claimed by the first count, compensation for the use of the Tallacca.

The Court of Claims dismissed the claim on the ground that it was not presented in conformity with a rule of practice which the court then had, but which has since been abrogated. This rule required that where the case was such as is ordinarily settled in any executive department, the petition should show that application for its allowance had been made to that department, and without success, and its decision thereon.

From the action of the court, Clyde, the claimant, appealed to this court.

Messrs. C. F. Peck and T. J. Durant, for the appellant, argued that the rule in question was one both arbitrary and without authority.

Messrs. B. H. Bristow and C. H. Hill, contra, contended that it was both useful and proper; and that not having been complied with, the court below properly refused to hear the case.

Mr. Justice BRADLEY delivered the opinion of the court.