Houston v. Ormes, 252 U.S. 469 (1920)

Houston v. Ormes

No. 86

Argued January 23, 1920
Decided April 19, 1920
252 U.S. 469

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

Where a fund has been appropriated by Congress for payment to a specified person in satisfaction of a finding of the Court of Claims, the duty of the Treasury officials to pay it over is ministerial, and a suit by one who has an equitable right in the fund, for attorney’s fees, to establish such right as against the owner, and to require the Treasury officials to pay the fund to a receiver is not a suit against the United States, and may be maintained in the courts of the District of Columbia if the owner, as well as the officials, is made a party and bound by the decree so that it may afford due acquittance to the government. P. 472.

The situs of the debt in such cases is not material if its owner voluntarily appears and answers without objecting to the jurisdiction. P. 474.

Section 3477 of the Revised Statutes does not prevent assignment by operation of law after a claim has been allowed. P. 473.

47 App.D.C. 364 affirmed.

The case is stated in the opinion.