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AMPLUS STORAGE BATTERY CO. v. UNITED

STATES

[67 C.Cls. 711; 291 U.S. 683]

Petition for writ of certiorari denied by the Supreme Court March 19, 1934.

FORD MOTOR CO. v. UNITED STATES

[77 C.Cls. 581; 291 U.S. 683]

Petition for writ of certiorari denied by the Supreme Court March 19, 1934.

PATRICK J. LUCEY, RECEIVER, v. UNITED

STATES

[78 C.Cls. 369; 291 U.S. 683]

Petition for writ of certiorari denied by the Supreme Court March 19, 1934.

FIDELITY INVESTMENT ASSOCIATION v. UNITED

STATES

[78 C.Cls. 333; 291 U.S. 685]

Petition for writ of certiorari denied by the Supreme Court March 19, 1934.

J. C. MYERS, ADMINISTRATOR, v. UNITED STATES

[77 C.Cls. 429; 292 U.S. 629]

Petition for writ of certiorari denied by the Supreme Court April 2, 1934.

ASSINIBOINE INDIAN TRIBE v. UNITED STATES

[77 C.Cls. 347; 292 U.S. 606]

Per curiam: Appeal dismissed (Colgate v. United States, 280 U.S. 43), and petition for writ of certiorari denied by the Supreme Court, May 7, 1934.

GEORGE E. GOLDING v. UNITED STATES

[78 C.Cls. 682; 292 U.S. 643]

Petition for writ of certiorari denied by the Supreme Court May 14, 1934.

BAUSCH & LOMB OPTICAL CO v. UNITED STATES

[78 C.Cls. 584; 292 U.S. 645]

Petition for writ of certiorari denied by the Supreme Court May 21, 1934.

LEWIS REYNOLDS v. UNITED STATES

[78 C.Cis. 401; 292 U.S. 443]

Certiorari to review a judgment rejecting a claim for recovery of pension money applied by the Government for the board of a veteran of the Spanish-American War at a Government hospital for the insane.

Judgment was rendered in favor of the United States in the court below. Upon certiorari, the judgment was reversed, May 28, 1934, the Supreme Court deciding:

1. Although the function of determining whether a veteran is entitled to hospital facilities under the World War Veterans Act, and of ordering his hospitalization or certifying to his right thereto, is a function of the Director of the Veterans Bureau, the right of the veteran, where it exists on indisputable facts as a matter of law, may be enforced by the courts.

2. An honorably discharged veteran of the Spanish-American War, suffering from a neuropsychiatric ailment, was in 1911 committed to St. Elizabeths Hospital by the Secretary of the Interior, pursuant to statutory authority, and remained there confined as an insane person until, in 1930, he was discharged. Held:

(1) That the Veterans Bureau having had and exercised the right to make use of this hospital for insane veterans, the facilities of the hospital were under the control and jurisdiction of that Bureau within the meaning of § 202 (10) of the World War Veterans Act of 1924, as amended July 2, 1926.

(2) Under the proviso of § 202 (10) of this Amended Act, the pension money credited to the veteran while in the hospital could not, upon his discharge, be withheld to pay for his board at the hospital during that period.

(3) This applies to the charges for board incurred before July 2, 1926, the date of the proviso, as well as to those incurred afterwards, the entire deduction having been made after the proviso became effective.

3. A statute is not rendered retroactive merely because the facts or requisites upon which its subsequent action depends, or some of them, are drawn from a time antecedent to the enactment. Cox v. Hart, 260 U.S. 427, 435.

Mr. Justice Sutherland delivered the opinion of the Supreme Court.

NEUBERT B. MORSE ET AL. v. UNITED STATES

[78 C.Cls. 608; 292 U.S. 652]

Petition for writ of certiorari denied by the Supreme Court, June 4, 1934.

CONSOLIDATED RENDERING CO. v. UNITED

STATES

[78 C.Cls. 766; 292 U.S. 656]

Petition for writ of certiorari denied by the Supreme Court, June 4, 1934.

CENTRAL IRON & STEEL CO. v. UNITED STATES

[Ante, p. 56; 293 U.S. 563]

Petition for writ of certiorari denied by the Supreme Court, October 8, 1934.

W. H. BRADFORD & CO. v. UNITED STATES

[Ante, p. 89; 293 U.S. 564]

Petition for writ of certiorari denied by the Supreme Court, October 8, 1934.

WILLIAM E. JONES ET AL. v. UNITED STATES

[78 C.Cls. 549; 293 U.S. 566]

Petition for writ of certiorari denied by the Supreme Court, October 8, 1934.

JOHN W. NORD v. UNITED STATES

[78 C.Cls. 795; 293 U.S. 576]

Petition for writ of certiorari denied by the Supreme Court October 8, 1934.

GERTRUDE VANDERBILT WHITNEY ET AL v. UNITED STATES

[Ante, p. 480; 293 U.S. 584]

Petition for writ of certiorari denied by the Supreme Court October 8, 1934.

FRANK A. VANDERLIP v. UNITED STATES

[Ante, p. 489; 293 U.S. 588]

Petition for writ of certiorari denied by the Supreme Court October 8, 1934.

STANDARD OIL CO. (INDIANA) v. UNITED STATES

[78 C.Cls. 714; 293 U.S. 599]

Petition for writ of certiorari denied by the Supreme Court October 15, 1934.

AMERICAN SAFETY RAZOR CORP. v. UNITED

STATES

[Ante p. 141; 293 U.S. 599]

Petition for writ of certiorari denied by the Supreme Court October 15, 1934.

YOUNGSTOWN SHEET & TUBE CO. v. UNITED STATES

[Ante, p. 683; 293 U.S. 599]

Petition for writ of certiorari denied by the Supreme Court October 15, 1934.

INDEX DIGEST

ABATEMENT

See Taxes, XLVII, LVII, LVIII.

ACCOUNT STATED

Where one party makes to another a statement of an account
between them showing a fixed amount due the other, with a
promise, express or implied, for the payment of such amount,
and the other party assents to the statement, it becomes an
account stated. Shipley Construction Co., 736.

See also Contracts, V; Taxes, XXX, XXXVII, LXIX, LXX,
LXXII.

AMENDMENT OF CLAIM

See Taxes, XXI, LX.

ARMY PAY

See Pay and Allowances, I, IV.

ATTORNEYS' FEES.

The Court of Claims is without jurisdiction to apportion the
fees allowable by it in an Indian case to the attorneys for the
plaintiff, as between the attorney of record and an attorney
acting by virtue of an assignment to him by the attorney of
record of a part interest in his contract of employment.
Nation, 778.

ATTORNEY IN FACT

See Taxes, XLIII, XLIV.

AUTHORITY OF OFFICER

See Contracts, XXXIV; Taxes, XLIX.

BAD DEBT

See Taxes, XVII, LXVIII.

BAD FAITH

See Contracts, I, II, XVI, XVII, XXIX.

BOARD ON CHANGES

See Contracts, I, II, XII, XXXIII.

BREACH OF CONTRACT

Creek

See Contracts, III, XXII, XXIII; Sale of Supplies, II, III.
BURDEN OF PROOF

See Set-off and Counterclaim; Taxes, XVI, XXV, XL, LXIV.
BURDEN OF TAX

See Taxes, XXV.

CAPITAL EXPENDITURE
See Taxes, XV.

793

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