that the amount of judgment cannot be corrected after its satisfaction, even though there was an arithmetical error in the court's opinion.3 "Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy."9 It has been held that this section relates only to judgments upon the merits, and does not change the rule of common law, nor does it do more than attach to final judgments the conclusiveness which the common law ascribes to them.10 A judgment sustaining a demurrer to a petition which failed to allege the necessary facts does not bar an action founded upon a petition which alleges such fact." A judgment in favor of the United States on a suit for a breach of covenant to furnish specified freight for transportation does not bar an action for the consideration agreed to be paid for the freight actually transported.1 12 A final judgment is conclusive, although the Supreme Court subsequently reverses a similar judgment, and holds that the decision of the Court of Claims in the case in question was erroneous. 13 An action for rent due in instalments may be brought as frequently as the respective sums become due, and a judgment in the suit for one instalment will not bar a judgment to recover rent not due at the time when the first petition was filed. A judgment of the Court of Claims to which an appeal is taken, is not a final judgment within the meaning of the statute.15 When a claimant has consented to a judgment against him on a general demurrer, he cannot subsequently sue on the same cause of action with substantially the same averments.16 "In all cases of final judgments by the Court of Claims, or, on appeal, by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the pay terms of a special statute in U. S. v. Old Settlers, 148 U. S. 427, 478. 8 Russell v. U. S., 15 Ct. Cl. 168. 9 U. S. R. S., § 1093. 10 Spicer v. U. S., 5 Ct. Cl. 34. 11 Ibid. 12 Shrewsbury v. U. S., 9 Ct. Cl. 263. 13 Osborn v. U. S., 9 Ct. Cl. 153. 14 Cross v. U. S., 14 Wall. 479; s. c., 8 Ct. Cl. 1; s. c., 5 Ct. Cl. 88. 15 Green v. U. S., 18 Ct. Cl. 93. 16 Porter v. U. S., 20 Ct. CL. 307. ment and satisfaction of private claims, on presentation to the Secretary of the Treasury of a copy of said judgment, certified by the clerk of the Court of Claims, and signed by the chief justice, or, in his absence, by the presiding judge of said court." 17 Appropriation acts usually provide that no judgment shall be paid until the right of appeal has expired.18 An appeal from a judgment before the right to appeal has expired is not vacated by the appropriation by Congress of the amount to pay the judgment. It has been held that an appropriation for the payment of "private claims" means claims which the Executive Departments have rejected, or over which they have no jurisdiction; and that the appropriation is for debts not to be paid out of the specific appropriations.20 "The payment of the amount due by any judgment of the Court of Claims and of any interest thereon allowed by law, as hereinbefore provided, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy." 21 456. Costs in the Court of Claims.- If the United States puts in issue the plaintiff's right to recover, the court may in its discretion allow the prevailing party, whether plaintiff or defendant, costs from the time of joining such issue.1 The writs include only disbursements for witnesses' and clerk's fees.2 457. Appeals from Court of Claims.--"An appeal to the Supreme Court shall be allowed, on behalf of the United States, from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of said court,as provided in section one thousand and eighty-nine."1 The following rule regulates the practice in such appeals: "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 17 U. S. R. S., § 1089. U. S., 19 Ct. Cl. 220; U. S. v. Frerichs, 18 See for example, 21 St. at L. 252, 124 U. S. 315, 320; s. c. as Freirichs v. ch. 234. U. S., 21 Ct. Cl. 16. 19 U. S. v. Jones, 119 U. S. 477. 20 Sweeney v. U. S., 5 Ct. Cl. 285, 290; s. c., 8 Ct. Cl. 134; s. c., 17 Wall. 75. 21 U. S. R. S., § 1092. See Hobbs v. § 456. 124 St. at L. 505, § 15. § 457. U. S. R. S. § 707. See Chapter on Writs of Error and Appeals. 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 judg ment or decree. The finding of facts and conclusions of law to be certified to this court as a part of the record." 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." "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." "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." "In every such case, each party, at such time before trial and in such form as the court may prescribe, shall submit to it a request to find all the facts which the party considers proven and deems material to the due presentation of the case in the finding of facts."6 2 Appeals from Ct. Cl., Rule 1. 3 Appeals from Ct. Cl., Rule 2. 4 Appeals from Ct. Cl., Rule 3. Appeals from Ct. Cl., Rule 4. 6 Appeals from Ct. Cl., Rule 5. 'Application for appeal to the Supreme Court of the United States from any judgment or decree of this court must be in writing, and signed by the claimant or his attorney of record, if the appeal be on his behalf; or if taken by the United States, it must be signed by the Attorney-General or his assistant." "Such application, if made when the court is not in session, must be filed with the clerk, and the date of filing the same must be indorsed upon it and noted upon the general docket." 8 Upon an appeal from the Court of Claims only questions of law are involved except under special statutes.10 Where both parties appeal, although the items of the disallowance of which the plaintiff complains amount to less than three thousand dollars, still he may avail himself of anything in the case which properly shows that the judgment in his favor was not for too large a sum; and consequently if the appeal of the United States is sustained in part, the items which were improperly disallowed may be set off against those which were improperly allowed." 7Ct. Cl. Rule 82. 8Ct. Cl. Rule 83. 9 Talbert v. U. S., 155 U. S. 45. 10 Where Congress directs the Court of Claims to take jurisdiction in equity of a controversy, the Su preme Court on appeal may review the facts and the evidence must be certified with the transcript. U. S. v. Old Settlers, 148 U. S. 427,463, 464. See Harvey v. U. S., 105 U. S. 671, 691. 11 U. S. v. Mosby, 133 U. S. 273, 281. CHAPTER XXXII. PRACTICE BEFORE THE COURT OF PRIVATE LAND CLAIMS. By E. A. Bowers, Esq., of the Bar of Washington, D. C., formerly Inspector of the Public Land Service. § 458. Introductory.- This court was created by the Act of March 3rd, 1891, for the purpose of finally disposing of long pending claims to land, based upon grants of Spain and Mexico to private parties prior to the acquisition by the United States of the territory in which these lands are situated, under the treaty of Guadalupe Hidalgo,2 of the 2nd of February, 1848, and the treaty of December 30, 1853, commonly known as the Gadsden Purchase. Although these titles would have been recognized without any treaty stipulations by the principles of international law, yet both of these treaties contain a special proviso requiring the recognition and confirmation of these grants by the United States after a proper investigation and proof of the same. The Treaty of Guadalupe Hidalgo pro vided: "Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United § 458. 126 St. at L. 854, ch. 539. 29 St. at L. 922. 310 St. at L. 1031. 4 Woolsey's Int. Law, p. 274; U. S. v. Percheman, 7 Pet. 51, 86; Soulard v. U. S., 4 Pet. 511; Leitensdorfer v. Webb, 20 How. 176; U. S. v. Auguisola, 1 Wall. 352. 5 U. S. v. Repentigny, 5 Wall. 211; U. S. v. Moreno, 1 Wall. 400. |