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MCCLURE V. UNITED STATES, 116 U. S. 145 (1885)

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U.S. Supreme Court

McClure v. United States, 116 U.S. 145 (1885)

McClure v. United States

Argued December 8, 1885

Decided December 21, 1885

116 U.S. 145


An act of Congress specially referring to the Court of Claims a paymaster's claim for credits and differences in his accounts with the United States, and providing that the evidence of the claimant may be received, and that, if the court shall be satisfied that just and equitable grounds exist for credits chanroblesvirtualawlibrary

Page 116 U. S. 146

claimed by him, it shall make a decree setting forth the amount for which he shall receive credit, confers no equity jurisdiction upon that court, but only the ordinary jurisdiction of the subject as a court of law, subject to be proceeded with as in ordinary suits, and subject to the rules regulating appeals in ordinary judgments.

This Court will not remand to the Court of Claims a case at law with directions to return whether certain distinct propositions in requests for findings of fact, presented to that court at the trial of the case, are established and proved by the evidence, if it appears that the object of the request to have it so remanded is to ask this Court to determine questions of fact on the evidence.

This was a motion to order up evidence from the Court of Claims, accompanied by an alternative motion to order that court to make specific findings of fact. The facts which make the case are stated in the opinion of the Court.

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