United States v. Crusell (81 U.S. 1)/Dissent Davis

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Dissenting Opinion
Davis

United States Supreme Court

81 U.S. 1

United States  v.  Crusell


Mr. Justice DAVIS, with whom concurred Mr. Justice SWAYNE and Mr. Justice MILLER, dissenting.

In my opinion, the burden of proof in this case is on the claimant to show that the money which he seeks to obtain under the Captured and Abandoned Property Act has been paid into the treasury. The court, in its opinion, throws the burden of proof, on this point, on the United States, and on that account I am constrained to dissent from the judgment in the case.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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