Union Pacific Railway Co. v. United States
Union Pacific Railway Co. v. United States
Opinion
delivered the opinion of the court.
This motion is denied. The findings of fact on the first trial in the Court of Claims have not under our rules any place in this record. Those findings were set aside when the judgment thereon was reversed, and the cause remanded for a new trial. On this appeal we consider only the findings at the second trial.
The original petition filed in the Court of dairies contained *404 by reference the letter of September 1, 1876. In the amended petition, on which the last trial was had, this letter was omitted. It is not, therefore, any part of the record on this appeal. We decided on the former motion to send the case back for further findings, that it could not now be brought here as part of the evidence, and that it was not the proper subject of a special finding. We see no reason to reconsider that decision.
Motion denied.
Reference
- Full Case Name
- Union Pacific Railway Company v. United States
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- When a judgment of the Court of Claims is reversed and the case is remanded for new trial, the findings of fact on the first trial form no part of the record on appeal from the judgment in the second trial, unless embodied by that court in the second findings. When a claimant in the Court of Claims amends his petition by filing a new one in the place of it, and the case is heard on the amended petition only, and on appeal that court sends up only the amended petition, this court will not'issue a writ of certiorari to bring up the original petition.