L. Vogelstein & Co. v. United States

Citations

• 55 Ct. Cl. 490
• 1920 U.S. Ct. Cl. LEXIS 17
• 1920 WL 639

Syllabus

<p>Motion to dismiss; demurrer; rules of court. — A motion to dismiss the petition upon the ground that plaintiff’s evidence does not establish liability if, in effect, a demurrer to plaintiff’s evidence, is not a proper motion to file in the Court of Claims, which sits as both court and jury and is governed by the rules of the Supreme Court requiring the court to file findings of fact at or before the entry of their judgments, and whose trials are analogous to those in a court of chancery.</p> <p>Loyalty of plaintiff under section 160, Judicial Code. — Where the loyalty of a plaintiff has been alleged in a petition as required by section 159, Judicial Code, and it comes to the Knowledge of the court that there is doubt as to whether plaintiff has always borne true allegiance to the Government of the United States, the court will not hear the case upon its merits until the question of plaintiff’s loyalty has been settled.</p>