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Lamar v. United States

Gazaway B. Lamar v. United States

Lamar v. United States, 7 Ct. Cl. 603 (Ct. Cl. 1871)
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Court
United States Court of Claims · Federal Specialty Courts
Decided
December 15, 1871
Citations
7 Ct. Cl. 603
Cited by 4
Syllabus
On Motion. The claimant moves for leave to amend his petition in a suit wider the Abandoned or captured property act. Some of his amendments seek to introduce new causes of action into the petition. When the motion is made, more than two years have elapsed since the close of the rebellion, and a new suit on these would be barred by the limitation of the statute. Iu a suit under the Abandoned or captured property act, new causes of action cannot bo introduced into tlio petition by amendment when a now suit would be barred by the limitation of the statute.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per "Curiam.

The motion of the claimant for leave to amend his petition is allowed, so far as the proposed amend *604 ments relate to the same cause of action as was set forth in his original petition. This includes only the first of said amendments.

The second, third, and fourth of said amendments propose to introduce into the case new causes of action, all of which have been barred by the statute of limitations. Such amendments are inadmissible.

The fifth amendment includes those in the aggregate of his claim, and like them is inadmissible.

How later courts describe this case

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Cited by 4 cases

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1875–1876: 11877–1878: 11879–1880: 11965–1966: 118752026peak 1875 · 1

Relies on it most ⓘ

  1. Jo C. Calhoun, Jr., and Esther C. Young, Executors of the Estate of Niels A. Christensen, Deceased v. The United States354 F.2d 337 (Ct. Cl. 1965)
  2. Thomas's administrator v. United States15 Ct. Cl. 335 (Ct. Cl. 1879) · Dissent
  3. Hamner v. United States13 Ct. Cl. 7 (Ct. Cl. 1877)
  4. Mount v. United States11 Ct. Cl. 509 (1875)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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