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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Cross v. United States (1871) ： ウィキペディア英語版 Cross v. United States (1871) ''Cross v. United States'', , is a United States Supreme Court case in which the Court held that the principle of ''res judicata'' did not apply to Congressional reference cases. This was because Congress' intent in referring the case to the Court of Claims was to waive the defense of time bar for the entire controversy and that such intent could not be interpreted narrowly to prevent full recovery. == Background == In 1851, Daniel Saffarans leased a warehouse in San Francisco to the United States government for ten years. As part of the construction of the warehouse, Alexander Cross, purchased the property and the lease contract with the government. After occupying the warehouse for three years, the Secretary of the Treasury terminated the lease, citing the informal nature of the assignment of the contract by Saffarans to Cross.〔''Cross v. United States'', 81 U.S. 479, 481, 1871 WL 14753, 2 (1871)〕 In 1856, Cross sued the United States in the Court of Claims for the delinquent installment payments, however the government prevailed by showing that the informal nature of the assignment of the lease was defective and therefore insufficient for Cross to maintain a claim. The decision of the court was sent to Congress, which in 1864 passed 13 Stat. 591. This law permitted Cross to re-file his claim against the government and waived the defense of improper assignment as a bar to recovery. Cross refiled the suit and prevailed against the government. However, he had only sued for three of the additional years of rents, so two years after prevailing against the government, he filed a new suit for the remaining $69,515 of the claim. The government cited that the waiver of defense by Congress was only effective for the first refiling and that as the amount was known to him at that time, he should be prevented from filing the additional suit.〔 This bar is commonly known as ''res judicata'' in that it prevents the plaintiff from refiling on a claim if he could have brought the claim in an earlier suit. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Cross v. United States (1871)」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.