Opinion

Gordon v. United States

2 Wall. 561 · Supreme Court of the United States · Mar 10, 1865

Full text

Gordon, administrator of. Fisher, presented a petition in the Court of Claims of the United States, for damages done to him by troops of our Government, in the war of 1812 with Great Britain. The Court of Claims decided against him, and he appealed to this court. The case was argued in favor of the right of appeal by.Messrs. Gooderich and Winter Davis; no counsel appearing on the other side. A majority of the court, however, † finding itself constrained to the conclusion-that, under the Constitution, no appellate jurisdiction over the Court.of Claims could bé exercised by this court, and intimating that the reasons which necessitated this view might be announced hereafter — the term being now at its-close — the cause was simply Dismissed eor want oe jurisdiction. Footnotes [†] Miller and Field, JJ., dissenting.

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Parentheticals

noting that the Constitution forbids federal courts from expressing opinions on a case “where its judgment would not be final and conclusive upon the rights of the parties”
United States v. Finn Batato
judgments of Article III courts are “final and conclusive upon the rights of the parties”
In Re Construction Equipment Co.
judgments of Article III courts are “final and conclusive upon the rights of the parties”
In Re Construction Equipment Co.