Clyde v. United States
80 U.S. 38 (1871)

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U.S. Supreme Court

Clyde v. United States, 80 U.S. 13 Wall. 38 38 (1871)

Clyde v. United States

80 U.S. (13 Wall.) 38

Syllabus

A rule of the Court of Claims requiring parties to present their claims to an executive department before suing in that court is unauthorized and void.

Clyde, the claimant in the preceding case, presented his petition in that court, the same petition mentioned in that case, claiming by the second count of it compensation for the use of his barge William Hunt, as he had in the former appeal, claimed by the first count, compensation for the use of the Tallacca.

The Court of Claims dismissed the claim on the ground that it was not presented in conformity with a rule of practice which the court then had, but which has since been abrogated. This rule required that where the case was such as is ordinarily settled in any executive department, the petition should show that application for its allowance had been made to that department, and without success, and its decision thereon.

From the action of the court, Clyde, the claimant, appealed to this Court.

Page 80 U. S. 30

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