Gordon v. United States

Decision Date01 December 1864
Citation69 U.S. 561,2 Wall. 561,17 L.Ed. 921
PartiesGORDON v. UNITED STATES
CourtU.S. Supreme Court

GORDON, administrator of Fisher, presented a petition in the Court of Claims of the United States, for damages done to him by troops of our Government, in the war of 1812 with Great Britain. The Court of Claims decided against him, and he appealed to this court. The case was argued in favor of the right of appeal by Messrs. Gooderich and Winter Davis; no counsel appearing on the other side. A majority of the court, however, finding itself constrained to the conclusion that, under the Constitution, no appellate jurisdiction over the Court of Claims could be exercised by this court, and intimating that the reasons which necessitated this view might be announced hereafter—the term being now at its close—the cause was simply.

DISMISSED FOR WANT OF JURISDICTION.

Miller and Field, JJ., dissenting.

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49 cases
  • Mandel v. Myers
    • United States
    • United States State Supreme Court (California)
    • June 18, 1981
    ...the court to carry its opinion into effect. Such is not the judicial power confided to this Court ...." (Gordon v. United States (1865) 69 U.S. (2 Wall.) 561, 17 L.Ed. 921 (appen. by Taney, C.J., at 117 U.S. 697, 702). See also F.H.A. v. Burr, supra, 309 U.S. at p. 250, 60 S.Ct. at p. The L......
  • Chandler v. Judicial Council of Tenth Circuit of United States
    • United States
    • United States Supreme Court
    • June 1, 1970
    ...persons to whom the authority is confided, and the territorial limits to which it extends.' Id., at 47. See also Gordon v. United States, 2 Wall. 561, 17 L.Ed. 921 (1865); In re Metzger, 5 How. 176, 12 L.Ed. 104 (1847); Hayburn's Case, 2 Dall. 409, 1 L.Ed. 436 Respondent argues that the fun......
  • Williams v. United States
    • United States
    • United States Supreme Court
    • May 29, 1933
    ...therefor shall be estimated for by the Secretary of the Treasury.' Because of that provision, it was held in Gordon v. United States, 2 Wall. 561, 17 L.Ed. 921, that under the Constitution no appellate jurisdiction could be exercised by this court. The reasons for that conclusion are stated......
  • National Mut Ins Co of District of Columbia v. Tidewater Transfer Co Inc
    • United States
    • United States Supreme Court
    • June 20, 1949
    ...Case, 1792, 2 Dall. 409, 410, 1 L.Ed. 436; United States v. Ferreira, 1851, 13 How. 40, note 52, 14 L.Ed. 42, and Gordon v. United States, 1864, 117 U.S. 697. These and other decisions of this Court clearly condition the power of a constitutional court to take cognizance of any cause upon t......
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1 books & journal articles
  • Administrative Blackmail: the Remission of Penalties
    • United States
    • Political Research Quarterly No. 4-4, December 1951
    • December 1, 1951
    ...fraud." This act, although sustained by the Supreme Court, see infra, note 34, was probably unconstitutional. In Gordon v. United States, 2 Wall. 561 (1865), the Supreme Court held to be invalid the provision in the first Court of Claims Act permitted the Supreme Court to review decisions o......

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