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H. Augustine Minor, jr., administrator of Thos. A. Moore..

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H. Augustine Minor, Jr., administrator of George Dudley Moore..

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Cicero L. Lincoln, administrator of John Oliver...

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Mary I. Hardy and Sarah E. Ward.

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H. Augustine Minor, Jr., administrator of William D. Conner.

H. Augustine Minor, Jr., administrator of Samuel Connor.
Watt H. Hairston, administrator..

Battle Bell, trustee..

P. Edward Pearce, administrator.

Aleeme Bates Armstrong et al., heirs.....

Benjamin T. Johnston, administrator..

Mrs. 8. E. Yates, heir...

Martha J. Tate...

William and Samuel H. Agar....

Estate of W. H. Boyce..

Della L. Ross, heir.

Estate of Joseph Guill.

John R. Crumpton..

Algeron W. Nelson, administrator.

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Algernon W. Nelson, administrator.

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John T. Simmons, administrator.

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Joseph E. Houston, administrator of Needham J. Whitfield..

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Eugene L. Angier, administrator of D. A. and Louisa R. Orvis..

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Eugene L. Angier, administrator of James and Evelyn M. Hogue.
B. H. Strong, administrator..

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CONGRESSIONAL CASES DECIDED IN THE COURT OF

CLAIMS.

WHEREIN FINDINGS OF FACT WERE MADE AND CERTIFIED TO CONGRESS DURING THE PRESENT TERM.

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INDEX DIGEST.

ACCOUNTING OFFICERS.

Duties of, defined in Oregon-Wash. R. R. & Nav. Co.

ACQUITTANCE.

A delegation created by resolution of the Choctaw Nation of Indians, with provision for succession, held a continuing body represented by last appointees as successors, payment to whom was an acquittance of indebtedness of the nation to the delegation. Garland, 55.

ACTIONS.

See Excise Tax, II.

See Land Grant Deductions, II.

ACTS OF CONGRESS.

See Statutes.

ALLOWANCES, ARMY.

See Statutes, V.

APPEALS.

I. Under Supreme Court Rule V concerning appeals from and governing findings of fact in this court, and Rules 73 and 74 promulgated by this court, "the requests required to be submitted by the parties are for the assistance of the court in making up its finding and not for the purpose of obtaining specific rulings on each one separately in the form by them presented. The practice of the court is to give to the requests of the parties the fullest consideration and the most careful scrutiny, and, without finding or ruling upon each one separately, to make up an accurate and connected finding, in its own language, in such way as to cover each material fact asked for on either side, and to present to the Supreme Court on appeal a clear and concise statement of the case upon which questions of law may be there reviewed." Delaware, Lack. & West. R. R. Co., 35. II. A motion for new trial, seasonably made, suspends the running of the time within which to file an application for appeal, but in the absence of any such motion or of some proceeding of which the court has jurisdiction, and seasonably filed, the court is powerless, after the period within which an appeal can be applied for, to extend the time fixed by section 243 of the Judicial Code for appeal. Chicago & Alton R. R. Co., 116.

235

ARMY.

See Statutes IV, V.
BURDEN OF PROOF.

See Fraud, II.
CHOCTAW NATION.

See Acquittance.
CONSTITUTIONAL LAW.

See Damages, Consequential.

CONTRACTS.

The plaintiffs contract to dredge a channel in the Detroit River,
the material to be removed according to the contract con-
sisting of clay, sand, gravel, and boulders of unknown pro-
portions. During performance a natural bed of limestone
rock is discovered. Defendants' engineer in charge ordered
plaintiffs to remove the limestone rock. Plaintiffs protested
and asked for extra price for this work, which request was
refused, the engineer holding the material to be clay, sand,
gravel, and boulders and threatening to have the work done
at plaintiffs' expense if it did not perform the same. Held,
under the circumstances plaintiffs are entitled to recover.
L. P. & J. A. Smith, 119.

See Res Adjudicata, I.

See Fraud, I.

See International Law, I, II.

COTTON.

In determining the jurisdictional question of ownership, in cases
brought under the provisions of section 162, Judicial Code,
the validity of a sale of cotton to the Confederate States
by the tutor of infant owners residing in Louisiana, may
be inquired into by this court, even though the property at
time of seizure by the Federal Government were in the
possession of the purchaser. Walker, 48.

DAMAGES, CONSEQUENTIAL.

An injury caused by the construction and operation of a Govern-
ment irrigation project which by seepage and percolation
necessarily influences and disturbs the ground water table
of the entire valley where plaintiffs' lands are situated is
damnum absque injuri. Natron Soda Co., 169.

DEPARTMENTAL DISCRETION.

See Drawbacks, II.

DEPARTMENTAL REFERENCES.

I. In claims transmitted to this court by the heads of depart-
ments under the provisions of section 1063, Revised Stat-
utes, the court can acquire no jurisdiction by virtue of the
reference unless the transmitting department had juris-
diction of the subject matter thereof. Secor, 92.

II. Congress by the act of March 2, 1867, 14 Stat., 424, directed
the Secretary of the Navy to investigate claims of an-
tractors for the building of certain vessels of war and to-

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