Bayard v. United States ex Rel. White
127 U.S. 246 (1888)

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U.S. Supreme Court

Bayard v. United States ex Rel. White, 127 U.S. 246 (1888)

Bayard v. United States ex Rel. White

No. 938

Argued October 11-12, 1887

Decided April 30, 1888

127 U.S. 246

ERROR TO THE SUPREME COURT

OF THE DISTRICT OF COLUMBIA

Syllabus

In answer to a petition for a writ of mandamus to be issued to the Secretary of State to compel him to pay to the petitioner part of an award made by the Mexican Claims Commission, the Secretary set up that he could not recognize the claim of the petitioner without ignoring the conflicting claim of another person, between whom and the petitioner litigation in respect to the award was then, and had for a long time, been pending. On demurrer to the answer, held that it was sufficient.

The Secretary, in view of the litigation, was not bound to decide between the conflicting claims.

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