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Decisions of the Department of the Interior in Appealed Pension and Bounty-Land Claims Volume 19

Decisions of the Department of the Interior in Appealed Pension and Bounty-Land Claims Volume 19


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...was signed by the judge on the 25th of August, 1892, and filed with the clerk on the next day, but was not recorded in or entered on the record of the court as required by section 3781 (formerly 2864) of the code. The docket entry referred to does not " specify clearly the relief granted or order made in the action." and without being considered in connection with the pleadings and the entry on the Judge's calendar or bar docket, it does not show the relief granted or the order made. Head with the judge's notes it would show that there was a decree of divorce in favor of the plaintiff. But the entries on the judge's calendar can only be resorted to in case the judgment or order has been lost or destroyed. No decree in this case can be found in the files, and it seems clear that no judgment was ever entered on the proper record as required by the statute, and until a proper record is shown the department is not justified in holding that appellant has been divorced. The rejection of the claim on the ground slated is reversed and the case remanded for readjudication. Reversed. Smoot v. Smoot. Decided, March 25, 1911, . Division Of Pension--First And Third Provisos Of Act Of March 3, 1899--Rule XV, Rules Of Practice--Limitation. Claimant having failed to answer pensioner's defense to her claim for one-half his pension under the act of March 3, 1899, or to file evidence in rebuttal thereof for over 30 days after having been called upon by the bureau so to do, as provided in Rule XV of the Rules of Practice, her claim was properly rejected on the ground of failure to prosecute. Laylin, Assistant Secretary. On August 21, 1913, this claimant filed a claim under the act of March 3, 1899, which was approved for rejection November 10, 1913, upon the ground...


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Product Details
  • ISBN-13: 9781154239348
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 198
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1154239349
  • Publisher Date: 01 Jul 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 363 gr


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