EX PARTE RUSSELL.


80 U.S. 664 (____)

13 Wall. 664

EX PARTE RUSSELL.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Clarke, in support of his motion.

Mr. W. McMichael, Assistant Attorney-General, and Mr. B.H. Bristow, Solicitor-General.


Mr. Justice BRADLEY delivered the opinion of the court.

We think that the Court of Claims erred in dismissing the motion for a new trial as for want of jurisdiction; that the counsel for the United States mistook their remedy in appealing from that decision; and that the claimant has equally mistaken his remedy in applying for a mandamus to vacate the allowance of the appeal.

The difficulty has arisen out of the anomalous...

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