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Blagge Vs. Balch

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  • US Supreme Court
  • Apr 18, 1896

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49 entries 49 unlinked
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  1. U.S. 439 (1896) U.S. Supreme Court Blagge v. Balch
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  2. U.S. 439 (1896) Blagge v. Balch
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  3. the claims raised an obligation under the Constitution to compensate the individual sufferers for their losses. Gray v. United
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  4. Holbrook v. United
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  5. Cushing v. United
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  6. States, 22 Ct.Cl. 28. As to the present ownership of the claims, the court, in Buchanan v. United
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  7. Davis, J., Gray v. United
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  8. brought within the category of payments by way of gratuity -- payments as of grace, and not of right. In Comegys v. Vasse
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  9. in the meantime become bankrupt, and the assignment in bankruptcy was held to carry the claim with it. In Williams v. Heard
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  10. U. S. 529 , Comegys v. Vasse
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  11. in bankruptcy, and that payment of awards so made could not be regarded as a mere gratuity. In Emerson's Heirs v. Hall
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  12. Manifestly the claims involved in these cases do not come within the rule laid down in Comegys v. Vasse
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  13. and Heard v. Williams
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  14. any opinion on their merits, the legislation seems to us plainly to place them within that applied in Emerson's Heirs v. Hall
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  15. provided that the awards should be made to the next of kin, instead of the assignees in bankruptcy. In Henry v. United
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  16. notwithstanding many of the items of appropriation were in favor of administrators with the will annexed. In Buchanan v. United
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  17. as having that operation. In Milligan's case, as appears from the opinion of the Court of Claims in Durkee v. United
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  18. had ceased to operate. And this conclusion is in harmony with the legislation considered in Emerson's Heirs v. Hall
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  19. before there can be a certificate of that fact, it must appear that some next of kin are now in existence. Hooper v. United
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  20. Durkee v. United
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  21. States, 28 Ct.Cl. 326. This construction is sustained by the legislation of Congress referred to in Durkee v. United
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  22. This rule was followed in Swasey v. Jaques
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  23. beyond that of the English courts supports the English view, and, on the whole, we are inclined to adopt it. Redmond v. Burroughs
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  24. Davenport v. Hassel
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  25. Wright v. Methodist
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  26. But the rule does not appear to have been approved in New York and New Hampshire. Tillman v. Davis
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  27. Pinkham v. Blair
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  28. Bowker v. Bowker
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  29. Jackson v. Jackson
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  30. Geery v. Skelding
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  31. Conklin v. Davis
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  32. Conn. 377. As put by Rapallo, J., in Law v. Harmony
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  33. as most in accord with the theory of the appropriations. The Supreme Court of the District of Columbia, Gardner v. Clarke
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  34. U.S. Supreme Court Blagge v. Balch
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  35. Gray v. United
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  36. Buchanan v. United
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  37. In Comegys v. Vasse
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  38. In Williams v. Heard
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  39. Comegys v. Vasse
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  40. In Emerson's Heirs v. Hall
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  41. Emerson's Heirs v. Hall
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  42. In Henry v. United
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  43. In Buchanan v. United
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  44. Hooper v. United
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  45. Swasey v. Jaques
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  46. Redmond v. Burroughs
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  47. New York and New Hampshire. Tillman v. Davis
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  48. Law v. Harmony
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  49. The Supreme Court of the District of Columbia, Gardner v. Clarke
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