History
  • No items yet
midpage
Turner v. United States
2 Ct. Cl. 390
Ct. Cl.
1866
Check Treatment
PbR Curiam :

The act of 12th March, 1863, which confers our jurisdiction to hear and determine cases of this kind, requires a party to prove his ownership of' the property and his right to its proceeds, and then, on proof of loyalty, is entitled to a judgment in his favor. The party intervening here alleges his ownership and his right to the proceeds. Proof of these facts on the trial would defeat the original claimant’s right. Another trial would then be necessary to determine that of the inter-venors. This can as well be settled in one case, and circuity and delay avoided.

Our jurisdiction over this subject being peculiar, special, and exclusive, and the proceedings being in the nature of an action in rem, it may be doubtful whether, after a judgment in favor of a party here, the ownership and right to the proceeds could be litigated elsewhere.

Upon the presentation of a petition, in due form, and showing an nterest in the subject-matter of the claim, and the right of the party .to be heard in this court, we will make an order directing them to be made parties on the record.

Case Details

Case Name: Turner v. United States
Court Name: United States Court of Claims
Date Published: Dec 15, 1866
Citation: 2 Ct. Cl. 390
Court Abbreviation: Ct. Cl.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.