Cross v. United States (1871)

Cross v. United States
Argued October 31, 1872
Decided November 11, 1872
Full case nameAlexander Cross v. United States
Citations81 U.S. 479 (more)
14 Wall. 479; 20 L. Ed. 721; 1871 U.S. LEXIS 1013; 1871 WL 14753
Case history
PriorAppeal from the Court of Claims
Questions presented
What is the proper construction of 13 Stat. 591 of July 2d, 1864?
Holding
That Cross could re-file against the United States for the additional installment payments because of the broad intent of the Congressional reference statute.
Court membership
Chief Justice
Salmon P. Chase
Associate Justices
Samuel Nelson · Nathan Clifford
Noah H. Swayne · Samuel F. Miller
David Davis · Stephen J. Field
William Strong · Joseph P. Bradley
Case opinion
MajorityDavis, joined by unanimous
Laws applied
13 Stat. 591

Cross v. United States, 81 U.S. (14 Wall.) 479 (1871), is a United States Supreme Court case in which the Court held that the principle of res judicata did not apply to Congressional reference cases. This was because Congress' intent in referring the case to the Court of Claims was to waive the defense of time bar for the entire controversy and that such intent could not be interpreted narrowly to prevent full recovery.


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