Nutt v. United States
| Citation | 8 S.Ct. 997,125 U.S. 650,31 L.Ed. 821 |
| Parties | NUTT v. UNITED STATES |
| Decision Date | 16 April 1888 |
| Court | United States Supreme Court |
M.
F. Morris, for appellant.
Atty. Gen. Garland and Heber J. May, for appellee.
An act of o ngress, approved August 7, 1882, for the relief of Julia A. Nutt, widow and executrix of Haller Nutt, deceased, (22 St. 734,) declared: 'That the quartermaster general of the United States is hereby authorized and directed to examine and adjust the claims of Julia A. Nutt, widow and executrix of Haller Nutt, deceased, late of Natchez, in the state of Mississippi, growing out of the occupation and use by the United States army, during the late Rebellion, of the property of the said Haller Nutt during his life-time, or of his estate after his deceased, including live-stock, goods, and moneys taken and used by the United States or the armies thereof; and he may consider the evidence heretofore taken on said claim, so far as applicable, before the commissioners of claims, and such other legal evidence as may be adduced before him in behalf of the legal representatives of Haller Nutt, deceased, or in behalf of the United States, and shall report the facts to congress to be considered with other claims reported by the quartermaster general: provided, that no part of said claims, upon which said commissioners of claims have passed on the merits, shall be considered by the quartermaster general.' On December 22, 1882, the quartermaster general, acting under and pursuant to this act, reported to congress, through the secretary of war, that he had examined the claims of Mrs. Julia A. Nutt, as widow and executrix, and the nature and manner of his investigation, and the circumstances and evidence relating to the same. He further reported as follows: 'All the evidence considered, as well as the additional information I have been able to gather, warrants me in recommending that Julia A. Nutt be paid the following items, which, in my judgment, are sufficiently proved by the evidence, viz.' He then states various items of property, with their value, the total amounting to $256,884.05. This report was transmitted direct by the secretary of war to congress, but was not transmitted to or acted upon by the accounting officers of the treasury. On July 5, 1884, congress passed an act (23 St. 552) 'for the allowance of certain claims reported by the accounting officers of the United States treasury department, and for other purposes.' This statute enacts 'that the secretary of the treasury be, and he is hereby, authorized and required to pay, out of any money in the treasury not otherwise appropriated, to the several persons in this act named, the several sums mentioned herein, the same being in full for, and the receipt of the same to be taken and accepted in each case as a full and final discharge of, the several claims examined and allowed by the proper accounting officers under the provisions of the act of July 4, 1864, since January 6, 1883, namely.' Then follows a list of the names of the persons, with the amount payable to each, under the head of the several states of Tennessee, Kentucky, West Virginia, Indiana, Pennsylvania, Ohio, Maryland, Missouri, District of Columbia, Colorado, Illinois, Indian Territory, Iowa, Kansas, and, finally, under the head of Mis- sissippi, as follows: 'To Julia A. Nutt, widow and executrix of Haller Nutt, deceased, of Adams county, the sum of $35,556.17.' This amount was paid to and accepted by the claimant. The payment and receipt of this sum under the act of July 5, 1884, however, it is contended, does not operate as a full and final discharge of her claim against the government, because it is not within the description contained in the act of 'claims examined and allowed by the proper accounting officers under the provisions of the act of July 4, 1864.' The right to recover the full amount of the claim, after deducting this payment, is rested by counsel for the claimant upon the act of August 7, 1882, and is based upon the following propo...
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