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UNITED STATES V. ARCHIBALD MCNEIL & SONS CO., INC., 267 U. S. 302 (1925)

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U.S. Supreme Court

United States v. Archibald McNeil & Sons Co., Inc., 267 U.S. 302 (1925)

United States v. Archibald McNeil & Sons Co., Inc.

No. 444

Argued January 9, 12, 1925

Decided March 2, 1925

267 U.S. 302

Syllabus

1. In the absence of a bill of exceptions or special findings, the jurisdiction of the district court over a law case tried by stipulation without a jury is determinable, on direct appeal to this Court, only upon the questions of law apparent on the face of the pleadings. P. 267 U. S. 307.

2. An action in the district court to recover just compensation for goods alleged to have been commandeered or requisitioned under the Lever Act, may be brought, under § 10 of that statute, in the district where the seizure occurred. Id.

3. Where a statement of claim filed in the district court under § 10 of the Lever Act sought recovery of the value of coal alleged to have been requisitioned under that Act by the President through the Fuel Administrator and used by the United States in the operation of various railroads -- " a public use connected with the common defense" -- held that objections raised by demurrer, in terms questioning the jurisdiction upon the grounds that there had been no preliminary determination of value, and partial payment, as contemplated by the statute, and that the cause of action was for a diversion of the coal, under § 25, remediable only by action against the agent designated by the President under § 206(a) of the Transportation Act, 1920, did not go to the jurisdiction of the court, but concerned the merits. Binderup v. Pathe Exchange, 263 U. S. 291. Id.

Affirmed. chanroblesvirtualawlibrary

Page 267 U. S. 303

Jurisdictional appeal, under Judicial Code, § 238, from a judgment of the district court awarding compensation for coal taken by the government. chanroblesvirtualawlibrary

Page 267 U. S. 304





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