Cloud v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant was on November 13, 1896, appointed an assistant surgeon in the United States Army with the rank of first lieutenant, and accepted his commission on November 14, 1896. II.
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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant was on November 13, 1896, appointed an assistant surgeon in the United States Army with the rank of first lieutenant, and accepted his commission on November 14, 1896. II. The proceedings relating to the claimant’s retirement are as follows: “ Special Orders, ) Headquarters op the Army, >• Adjutant-General’s Oppice, “ No. 42. j Washington, February 19, 1902. [“ Extract.] $ $ $ * * “ 8. Under instructions from the President, and in accordance with section 1246, Revised Statutes,…
1Opinion of the CourtHowry, Judge
This is an action by an assistant surgeon on the retired list of the army^ claiming the difference between the pay received 1031" him in the rank of first lieutenant of cavalry and the pay alleged to be due to him in the rank of captain.
Plaintiff was appointed assistant' surgeon with the rank and pay of first lieutenant from date of appointment until the expiration of five years from the date of commission, when he began to draw pay as captain on the active list. He was also given the retired pay of a captain of over five years’ service for a short time. The third finding lends emphasis to…
2Cases cited6 opinions
- Campbell v. United StatesSupreme Court of the United States · 1883
- Wood v. United StatesSupreme Court of the United States · 1883
- Wood v. United StatesUnited States Court of Claims · 1879
- United States v. RedgraveSupreme Court of the United States · 1886
- Leopold v. United StatesUnited States Court of Claims · 1883
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3Cited by5 opinions
- Blackett v. United StatesUnited States Court of Claims · 1935
- Hornblass v. United StatesUnited States Court of Claims · 1941
- Standerson v. United StatesUnited States Court of Claims · 1936
- Toulon v. United States.United States Court of Claims · 1916
- Hanchett v. United StatesUnited States Court of Claims · 1924