Cases Decided in the United States Court of Claims ... with Report of Decisions of the Supreme Court in Court of Claims Cases, Volume 118 |
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Page 31
of evidence , may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof , in accordance with any one of the following provisions : ( 1 ) Any deposition may be used by any ...
of evidence , may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof , in accordance with any one of the following provisions : ( 1 ) Any deposition may be used by any ...
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action additional Administration agreed allowed amended amount appeal applicable Attorney authorized barges Board called cause charges claim Clerk Commissioner Company compensation completed construction contract contractor copy corporation cost Court December defendant delay Department deposition determination directed dismissed dredge effect employees entered entitled equipment evidence examination export feet filed Findings of Fact follows furnished Government held income Indian interest issued January Judge judgment July June land letter logs loss March material matter ment motion Navy necessary notice objections October officer operating Opinion paid party payment percent period person petition plaintiff pleading present purchase question Railroad reasonable received record referred regulations representative request requisitioned responsive river RULE served Shipping specifications Stat statement steel suit taken taking thereof tion trial United vessel witness
Popular passages
Page 540 - Gross income" includes gains, profits, and income derived from salaries, wages, or compensation for personal service * * *, of whatever kind and in whatever form paid...
Page 15 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Page 206 - Contractor charged with liquidated or actual damages, as provided in paragraph (b) hereof because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Government...
Page 36 - A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken.
Page 30 - Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.
Page 15 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits.
Page 2 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
Page 14 - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction...
Page 30 - Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party...
Page 188 - Deductions otherwise allowed by law not attributable to the operation of a trade or business regularly carried on by the taxpayer shall (in the case of a taxpayer other than a corporation) be allowed only to the extent of the amount of the gross income not derived from such trade or business.