Legal Opinion

Byers v. United States

United States Court of Claims

Decided January 10, 1887No. 15297PublishedCited by 3 opinions

The Reporters1 statement of the case : The following are the facts of this case as found by the court: I. By commission dated July 5, 1884 (tbe day of confirmation by the Senate), though not issued until after July 7 of that year, the claimant was duly appointed consul-general at Borne, Italy, and as such was employed at his post of duty and in transit, from August 30,1884, to June 10, 1885, for which he has been paid at the rate of $2,000 a year and no more. II.

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The Reporters1 statement of the case : The following are the facts of this case as found by the court: I. By commission dated July 5, 1884 (tbe day of confirmation by the Senate), though not issued until after July 7 of that year, the claimant was duly appointed consul-general at Borne, Italy, and as such was employed at his post of duty and in transit, from August 30,1884, to June 10, 1885, for which he has been paid at the rate of $2,000 a year and no more. II. Upon receiving his appointment he also received the following notice from the Secretary of State: “Department op State, “…

1Opinion of the Court

Bichardson, Ch. J.,

delivered the opinion of the court:

The claimant was appointed and served as consul-general at Borne from August 30,1884, to June 10,1885, and has been paid at the rate of $2,000 a year and no more.

His claim is that the salary of the office was $3,000 a year, as fixed by the act of January 27,1879, chapter 28, appropriating that sum for one year, and establishing the amounts appropriated as the annual salaries of the officers therein named after July 1,1879. (1 Supp. Bev. Stat., 397,398,401, notes.) He sues for the difference between the amount received and the amount so…

2Cases cited2 opinions

  1. United States v. LangstonSupreme Court of the United States · 1886
  2. United States v. MitchellSupreme Court of the United States · 1883

3Cited by3 opinions

  1. Foote v. United StatesUnited States Court of Claims · 1888
  2. Nomination of Sitting Member of Congress to Be Ambassador to Vietnam, Department of Justice Office of Legal Counsel1996
  3. Sawyer v. United StatesUnited States Court of Claims · 1887

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