ORDER

IN REFERENCE TO

APPEALS FROM THE COURT OF CLAIMS.

REGULATIONS PRESCRIBED BY THE SUPREME COURT OF THE UNITED STATES UNDER WHICH APPEALS MAY BE TAKEN FROM THE COURT OF CLAIMS TO SAID SUPREME COURT.

Rule 1.

In all cases hereafter decided in the Court of Claims, in which, by the act of Congress, such appeals are allowable, they shall be heard in the Supreme Court upon the following record, and none other:

:

1. A transcript of the pleadings in the case, of the final judgment or decree of the court, and of such interlocutory orders, rulings, judgments, and decrees as may be necessary to a proper review of the

case.

2. A finding by the Court of Claims of the facts in the case established by the evidence in the nature of a special verdict, but not the evidence establishing them; and a separate statement of the conclusions of law upon said facts, upon which the court founds its judgment or decree. The finding of facts and conclusions of law to be certified to this court as a part of the record.

APPEALS FROM THE COURT OF CLAIMS.

DECISIONS 1-16.

RULE 1.

1. (Dec., 1866.) In bringing appeals to this court from the Court of Claims the record must be prepared strictly according to the general rules announced on the subject of that class of appeals at December term, 1865, and printed at large in 3 Wall. vii-viii. De Groot v. United States, 5 Wall.

2. Hence, only such statement of facts is to be sent up to this court as may be necessary to enable it to decide upon the correctness of the propositions of law ruled below; and this statement is to be presented in the shape of the facts found by that court to be established by the evidence in such form as to raise the question of law decided by the court. It should not include the evidence in detail. Ib.

3. (Dec., 1867.) A finding [by the Court of Claims] which merely recites the evidence in the case, consisting mainly of letters and affidavits, is not a compliance with the rule; but a finding that a certain instrument was not made in fraud or mistake, is a proper finding, without reporting any of the evidence on which the fact was found. United States v. Adams, 6 Wall. 101.

4. It is no ground for dismissing such appeal, that the statement of facts found by the Court of Claims is not a sufficient compliance with the rules prescribed by the Supreme Court on that subject. Ib.

5. But the Supreme Court will, of its own motion, while retaining jurisdiction of such cases, remand the records to the Court of Claims for a proper finding. Ib.

6. (Dec., 1869.) Certiorari, being a writ properly used to bring up to the court of error, on an allegation of diminution, out-branches of the record, or other documents and writings in the court below, which have not been previously certified or sent, is not a proper thing to be asked for where it is desired to have the Court of Claims supply certain supposed defects in its conclusions deducible from the evidence before it. United States v. Adams, 9 Wall. 661.

7. The proper method of obtaining such a finding is an order of this court, on motion duly made, directed to the Court of Claims, requiring it to make return as to the existence or non-existence of such facts. But this court cannot give the Court of Claims any directions as to what finding it shall make, or how it shall proceed to make up its finding on the points sought to have certified. Ib.

8. (Oct., 1874.) Where, on certain facts found by the Court of Claims, it refusing to find as a fact a certain allegation which the petitioner in the suit requested it to find, that court has given judgment against the petitioner, and the petitioner has taken the record to this court, which, upon considering the case found, reverses the judgment of the Court of Claims and remands the cause "for further proceedings in conformity with law and justice," there is nothing which prevents the Court of Claims from setting aside the findings of fact which it had made on the first trial, and from trying the case de novo. Er parte Medway, 23 Wall. 504.

9. (Oct., 1876.) The act of May 9, 1866 (14 Stat. 44), extending the jurisdiction of the Court of Claims, does not dispense with the existing rules regulating appeals from that court. United States v. Clark, 4 Otto, 73.

10. In cases to which that act [of May 9, 1866 (14 Stat. 44)] applies, the Court of Claims should set forth in its finding of facts the amount of loss, if any, which the petitioner has sustained. Ib.

11. (Oct., 1876.) The finding of facts by the Court of Claims, in the nature of a special verdict, is conclusive here, unless impeached for some error in law appearing in the record. United States v. Smith, 4 Otto, 214.

12. (Oct., 1877.) When the Court of Claims sends here, as part of its finding, all the evidence, on which a fact essential to the judgment there rendered was found, from which it appears that there was no legal evidence to establish such fact, this court must, on appeal, reverse the judgment. United States v. Clark, 6 Otto, 37.

13. (Oct., 1878.) Where, in a suit arising under those acts [of March 12, 1863 (12 Stat. 820), and July 2, 1864 (13 id. 375)], no direct proof was given that the proceeds of the sale of the property were paid into the treasury, if the circumstantial facts which are established by the evidence are set forth in the finding of the Court of Claims, which it sends

here as that upon which alone its judgment was rendered, and they are, in the absence of anything to the contrary, the legal equivalent of a direct finding that such proceeds were so paid, this court will not, on that account, reverse the judgment. United States v. Pugh, 9 Otto, 265.

14. The judgment of the Court of Claims as to the legal effect of what may, perhaps not improperly, be termed the ultimate circumstantial facts of the case, is, if the question is properly presented, subject on appeal to be here reviewed; and where the rights of the parties depend upon such circumstantial facts alone, and there is doubt as to the legal effect of them, it is the duty of that court to frame its findings so that the question as to such effect shall be presented by the record. Ib.

15. . . . Where the rights of the parties depend upon such circumstantial facts alone, and there is doubt as to the legal effect of them, it is the duty of that court [the Court of Claims] to frame its findings so that the question as to such effect shall be presented by the record. Ib.

16. United States v. Crusell (14 Wall. 1), Same v. Ross (92 U. S. 281), and Intermingled Cotton Cases (id. 651), so far as they bear upon the rule requiring, on an appeal from the Court of Claims, a finding by that court of the facts in the case established by the evidence, in the nature of a special verdict, but not the evidence establishing them, cited and explained. Ib.

Rule 2.

In all cases in which judgments or decrees have heretofore been rendered, where either party is by law entitled to an appeal, the party desiring it shall make application to the Court of Claims by petition for the allowance of such appeal. Said petition shall contain a distinct specification of the errors alleged to have been committed by said court in its rulings, judgment, or decree in the case. The court shall,

if the specification of alleged error be correctly and accurately stated, certify the same, or may certify such alterations and modifications of the points decided and alleged for error as, in the judgment of said court, shall distinctly, fully, and fairly present the points decided by the court. This, with the transcript mentioned in Rule 1 (except the statement of facts and law therein mentioned), shall constitute the record on which those cases shall be heard in the Supreme Court.

Rule 3.

In all cases an order of allowance of appeal by the Court of Claims, or the Chief Justice thereof in vacation, is essential, and the limitation of time for granting such appeal shall cease to run from the time an application is made for the allowance of appeal.

Rule 4.

In all cases in which either party is entitled to appeal to the Supreme Court, the Court of Claims shall make and file their finding of facts and their conclusions of law therein, in open court, before or at the time they enter their judgment in the case.

APPEALS FROM THE COURT OF CLAIMS. - RULE 4. —

1. (Dec., 1871.) The fourth and fifth rules regulating appeals from the Court of Claims were designed to enable a party to secure a finding of fact on any point material to the decision by that court. Mahan v. United States, 14 Wall.

109.

2. But a failure of the court to find the fact as the party alleges it to be, will not justify the bringing of all the evidence on that subject before this court; though, on a refusal of that court to make any finding on the subject, the Supreme Court may remand the case for such finding. Ib.