Barber v. United States
United States Court of Claims
The Reporter’s statement of the case: The question in this case is, Was the claimant “ appointed to the Navy from civil life”? He entered the Naval Academy as a midshipman in 1908. During his course at the Naval Academy an examination by the permanent medical board disclosed that he had a defect of hearing, which was regarded as sufficient to disqualify him from continuing in the naval service.
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The Reporter’s statement of the case: The question in this case is, Was the claimant “ appointed to the Navy from civil life”? He entered the Naval Academy as a midshipman in 1908. During his course at the Naval Academy an examination by the permanent medical board disclosed that he had a defect of hearing, which was regarded as sufficient to disqualify him from continuing in the naval service. He was requested to tender his resignation, with an intimation that he would be dropped if he failed to do so. On application, however, he was allowed to continue his course at the academy and to…
1Opinion of the CourtBarNey, Judge
The question for decision in this case is the proper construction to be given to the following legislation contained in the act of March 3,1899:
“All officers, including warrant officers, who have been or may be appointed to the Navy from civil life shall, on the date of appointment, be credited, for computing their pay, with five years’ service.”
The plaintiff entered the Naval Academy August 3, 1908, and remained there until nearly the graduating time of his class in 1912. On April 5 in the latter year he was officially informed that on account of deafness disclosed upon examination before a…
2Cases cited3 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. AlgerSupreme Court of the United States · 1894
- Guilmette v. United StatesUnited States Court of Claims · 1914
3Cited by5 opinions
- Broyderick v. United StatesUnited States Court of Claims · 1957
- Cronin v. United StatesUnited States Court of Claims · 1926
- Guilmette v. United StatesUnited States Court of Claims · 1917
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