United States Supreme Court Cases & Opinions

U.S. Supreme Court

Southern Pacific Co. v. United States, 270 U.S. 103 (1926)

Southern Pacific Co. v. United States

No. 805

Motion to dismiss appeal submitted February 1, 1926

Decided March 1, 1926

270 U.S. 103

Syllabus

1. This Court has no jurisdiction to consider an appeal from a judgment of the Court of Claims acquiring finality subsequently to

Page 270 U. S. 104

the going into effect of the Act of February 13, 1925, c. 229, 43 Stat. 936, which limited the method of review by this Court of final judgment in the Court of Claims to writ of certiorari. P. 270 U. S. 106.

2. A judgment of the Court of Claims entered before May 13, 1925, the effective date of the above Act, but suspended by a motion for new trial which was denied after that date, was not appealable. Id.

Appeal from 60 Ct.Cls. 662 dismissed; certiorari granted.

Motion to dismiss an appeal from the Court of Claims in an action brought by the railroad company to recover compensation for transportation of impedimenta carried with troop trains of the United States. A writ of certiorari had been applied for in due time, and is granted.