BRADLEY
v.
UNITED STATES

U.S. | 1881-10-01
104 U.S. 442 Supreme Court of the United States (1881) Positive Treatment
Also reported at: 26 L. Ed. 824 · SCDB 1881-075 · 1881 U.S. LEXIS 2022
Cited by 2 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

Sect. 10T9 of the Revised Statutes provides that no claimant suing the United States in-the Court of Claims, nor any person from or. through whom such claimant derives his alleged title, claim, or right, nor any person interested in any such title, claim, or right, shall-be a competent witness in supporting the same, but-under sect; 1080 the United States may make a claimant a witness.

We agree with the court below that this, does not prevent the United States from-using as . a witness to defeat the. claim one' whose interest is adverse to the claimant, and that, too, ifvken a judgment in favor of the United States may have the effect of establishing the right of the witness to the same claim.

The objections urged -against the competency of the witness' under the provisions of sect. 858 of the Revised Statutes are disposed of by Potter v. National Bank, 102 U. S. 163.

Judgment affirmed.

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Cited By

  • Whitford v. Clark Cnty., 119 U.S. 522 (U.S. 1886)
    …owed in the courts of the United States, and not -the laws or the practice of the State in which the cpurt is held when they are different. Potter v. National Bank, 102 U. S. 163, 165; King v. Worthington, 104 U. S. 44, 50; Bradley v. United States, 104 U. S. 442; Ex parte Fisk, 113 U. S. 713, 721. The judgment is reversed, a/nd the cause rema/nded, with di-.-rections for a new 1/rial.…

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