Opinion

Montgomery v. United States

  • 49 Ct. Cl. 574
  • 1914 WL 1414
Court
United States Court of Claims
Filed
Jun 1, 1914
Status
Published
Author
Howry
On the bench
Campbell, Howry
Cited by
6 cases

The opinion

Howry, Judge,

concurring:

I concur in the foregoing opinion, and add that while in some cases conclusions by the court have been stated to the effect that the particular claim reported upon was equitable “in the sense that the Government had received a benefit,” the qualifying clause clearly indicated that the purpose was not to define the claim as legal or equitable in the juridicial sense.

*630 It has been the purpose and practice of the court to observe the line of demarcation between claims wbicb are legal or equitable in tbe juridical sense and those which as regards their merit must be determined by the legislative branch.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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