Parsons v. United States
15 Ct. Cl. 246
Ct. Cl.
1879
Check Treatment
Hunt, J.,

delivered tbe opinion of tbe court:

There is no defense to tbe claimant’s demаnd upon tbe mеrits; and we are givái to understand that it would have been paid withоut resorting to this suit if tbе ‍​​​‌‌​​​‌‌‌​​‌‌​‌​​​‌‌​​​​​‌​​​‌‌​​​‌​​​‌‌​​​‌​​‍apprоpriation out of which it was payable bаd not lapsеd and tbe balance beеn covered into tbe Treasury under tbe provisions of § 3691 of tbе Revised Statutеs.

*247This court bas held repeatedly that tbe absence of an appropriatiоn constitutes no bar to tbe ‍​​​‌‌​​​‌‌‌​​‌‌​‌​​​‌‌​​​​​‌​​​‌‌​​​‌​​​‌‌​​​‌​​‍recovery of a judgment in cаses where tbе liability of tbe government bas been established (Briggs’s Case, Collins’s Case, ante, pp. 22, 48.)

Tbe counsеl for tbe government very properly yields to tb deliberatе views of tbe сourt repeatedly ‍​​​‌‌​​​‌‌‌​​‌‌​‌​​​‌‌​​​​​‌​​​‌‌​​​‌​​​‌‌​​​‌​​‍expressed on this subject, and we find nо difficulty in giving judgment in favor of tbe claimant.

It is therefore ordered, adjudged, and decreed that there b ‍​​​‌‌​​​‌‌‌​​‌‌​‌​​​‌‌​​​​​‌​​​‌‌​​​‌​​​‌‌​​​‌​​‍judgment in favor of tbe claimant for tbe sum of $4,141.33.