District of Columbia v. Barnes

The action now appealed was brought under the act of June 16, 1880, known as the District of Columbia claims act. 21 Stat. at L. 284, chap. 243. The original petition was filed August 4, 1880. At subsequent stages of the case amended petitions were filed. On October 1, 1887, the court of claims decided the case in favor of the District of Columbia, giving judgment against the claimant for the sum of $11,074.11. 22 Ct. Cl. 366. On November 18, 1887, the claimant filed a motion for a new trial, which was submitted on March 28, 1895, and allowed on April 1, 1895. The case was then referred, as provided in the act, and upon report and hearing judgment was rendered on November 11, 1895, against the District for the claimant in the sum of $31,754.57; being rendered for Barnes in the sum of $22,350.54, and for Ritchie, assignee, in the sum of $9,404.03, both sums due and payable as of January 1, 1876. On April 20, 1896, the defendant filed its motion for a new trial, which was granted on May 18, 1896. On March 31, 1902, the court rendered a judgment in favor of the claimant, and his assignee, in the sum of $23,694.47, due and payable as of March 1, 1876. 37 Ct. Cl. 342. On April 22, 1902, an appeal was taken by the District from the judgment of March 31, 1902, to this court. This appeal was dismissed for want of jurisdiction. District of Columbia v. Barnes, 187 U.S. 638, 47 L. ed. 344, 23 Sup. Ct. Rep. 846.

Under the act of March 3, 1903 (32 Stat. at L. 1070, chap. 1006), this appeal from the judgment of March 31, 1902, was taken by the District,

bringing the case in review before this court.

Mr. Robert A. Howard and Assistant Attorney General Pradt for appellant.

[Argument of Counsel from pages 147-149 intentionally omitted]

Mr. John C. Fay for appellee.

Statement by Mr. Justice Day:

Mr. Justice Day delivered the opinion of the court: