Legal Opinion

Nutt v. United States

United States Court of Claims

Decided May 7, 1906No. 24073Published

The Reporters' statement of tbe case: The following are the facts of the case as found by the court: I. The claimant, John W. Nutt, presented this claim for difference of pay as regimental adjutant of the Fourteenth Regiment New York Volunteer Infantry, and also a claim for extra pay as adjutant of the same regiment under No. 23634, in which a favorable report has been made by the auditor of this court.

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The Reporters' statement of tbe case: The following are the facts of the case as found by the court: I. The claimant, John W. Nutt, presented this claim for difference of pay as regimental adjutant of the Fourteenth Regiment New York Volunteer Infantry, and also a claim for extra pay as adjutant of the same regiment under No. 23634, in which a favorable report has been made by the auditor of this court. The two claims have been consolidated and submitted together under* No. 24013. II. The claimant was commissioned regimental adjutant ■with the rank of captain in the Fourteenth Regiment of…

1Opinion of the CourtBooth, J.

The findings of fact in this case disclose that the claimant, John W. Nutt, was appointed and commissioned regimental adjutant with the rank of captain in the Fourteenth Regiment of Infantry, National Guard-of the State of New York. On May 2,1898, the claimant, with his regiment, was enrolled for service in the volunteer army of the United States, and on May 15 and 16 the regiment as a body was mustered into the Volunteer Army of the United States for service in the Spanish war under the act of April 22, 1898.

In appears that on May 12, 1898, just prior to the time of the muster into the…

2Cases cited1 opinion

  1. Hawkins v. United StatesUnited States Court of Claims · 1904

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