Legal Opinion

United States v. Morrison

Supreme Court of the United States

Decided February 18, 1878No. 1031PublishedCited by 2 opinions

Appeal from the Court of Claims. Morrison, the appellee, a lieutenant in the tenth regiment of cavalry, was appointed regimental quartermaster, and his appointment approved June 30, 1875. On the same day, Hunt, a second lieutenant in the regiment, was promoted to be first lieutenant in the place of Morrison, “ appointed regimental quartermaster.”

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Appeal from the Court of Claims. Morrison, the appellee, a lieutenant in the tenth regiment of cavalry, was appointed regimental quartermaster, and his appointment approved June 30, 1875. On the same day, Hunt, a second lieutenant in the regiment, was promoted to be first lieutenant in the place of Morrison, “ appointed regimental quartermaster.” On the 22d October, 1875, Morrison, “in addition to his other duties,” was “ assigned to duty as assistant-commissary of post; ” and, by virtue of that appointment, served as acting assistant-commissary from Nov. 1, 1875, to and including, Feb. 28,…

1Opinion of the CourtChief Justice Waite

The single question-presented in this case is, whether, since, the Revised Statutes, a regimental quartermaster, serving also as acting assistant-commissary, is entitled to additional pay on that account.

By sect. 1102, Rev. Stat., each regiment of cavalry is to have among its officers one quartermaster, who’ is to be an “ extra lieutenant, selected from the first and second lieutenants of -the regiment.” Such has been the law since 1866. 12 Stat. 599, sect. 11; 14 id. 332, sect. 3. The selection is made by the colonel or permanent commanding officer of the regiment, subject to the approval of…

2Cited by2 opinions

  1. Wood v. United StatesUnited States Court of Claims · 1889
  2. Grealish v. United StatesUnited States Court of Claims · 1885

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