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UNITED STATES V. CRUSELL, 79 U. S. 175 (1870)

U.S. Supreme Court

United States v. Crusell, 79 U.S. 12 Wall. 175 175 (1870)

United States v. Crusell

79 U.S. (12 Wall.) 175


1. A continuance granted on an appeal from the Court of Claims, there having been a motion made there by the appellant, and yet undisposed of, for a new trial on the ground of after-acquired evidence. But the Court declares that it must not be understood as giving any sanction to the idea that indefinite postponement of final hearing and determination can be obtained by repeated motions for continuance here.

2. The court below, not this Court, must determine whether the application for a new trial is seasonably made.

This was an application by Mr. Bristow, the Solicitor General, and Mr. Hill, the Assistant Attorney General, in behalf of the government for the continuance of an appeal from the Court of Claims founded upon the fact that evidence had been newly discovered on which a motion in behalf of the United States had been made for a new trial under the Act

Page 79 U. S. 176

of June 25, 1868. By that act, the Court of Claims is authorized

"at any time, while any suit or claim is pending before or on appeal from said court or within two years next after the final disposition of any such suit or claim,"

to grant a new trial on motion of the United States.

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