Young v. United States
95 U.S. 641 (1877)

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U.S. Supreme Court

Young v. United States, 95 U.S. 641 (1877)

Young v. United States

95 U.S. 641

Syllabus

The decision of the Court of Claims awarding, on the motion of the United States, a new trial, while a claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, cannot be reviewed here.

A judgment was rendered in this case by the Court of Claims, May 15, 1874, from which the United States took an appeal to this Court. On the 5th of May, 1876, while that appeal was pending, the United States moved the Court of Claims for a new trial, under the provisions of sec. 1088, Rev.Stat. The motion was as follows:

"And now comes the Attorney General in behalf of the United States, and moves the court to grant the United States a new trial in the above-stated case, lately decided in this court, and that an order may be made staying the payment of the judgment so rendered in favor of said Alexander Collie, the said claimant. And the Attorney General herewith submits to the court in support of this motion the affidavits of sundry witnesses taken abroad by the counsel of the United States, and certain papers and documents duly proved and verified, which the United States, by its Attorney General, says have been discovered and obtained since the trial of the case, and which evidence the United States, by its Attorney General, insists should satisfy the court that fraud, wrong, and injustice have been done to the United States by the recovery by said Collie of said judgment."

Upon the hearing of this motion a new trial was granted. The United States then came to this court, and moved to dismiss their appeal. This motion was resisted by the then appellee, who asked that a writ of certiorari might issue to bring here the proceedings of the Court of Claims in granting the new trial. This application was denied, and the appeal dismissed. Afterwards, the Court of Claims reheard the cause, and gave judgment for the United States. From that judgment this appeal was taken, and the transcript of the record sent here contains the motion of the United States for the new trial and action of the court thereon, but not the affidavits filed in

Page 95 U. S. 642

support of or in opposition to the motion. The appellant now moves for a writ of certiorari to bring here these affidavits, with the papers and documents appended thereto.

Sec. 1088 of the Revised Statutes is in these words:

"The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion on behalf of the United States, grant a new trial, and stay the payment of any judgment therein upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States."

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