Swaim v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. ON February 23, 1891, David GL Swaim filed in the Court of -Claims a petition against the United States, alleging'tbat fie was on , the 30tfi day of June, 1884, and still was, judge-advocate-general of the army of the United States, with the rank, pay and allowance of a brigadier-general therein.
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APPEAL FROM THE COURT OF CLAIMS. ON February 23, 1891, David GL Swaim filed in the Court of -Claims a petition against the United States, alleging'tbat fie was on , the 30tfi day of June, 1884, and still was, judge-advocate-general of the army of the United States, with the rank, pay and allowance of a brigadier-general therein. He complained that, by reason of the unlawful creation and action of a certain court-martial, he had been, on . February 24,-1885, suspended from rank and duty for twelve years, and that one half of his pay had been forfeited .for that period. For reasons set forth in…
1Opinion of the CourtJustice Shiras
The, theory of the claimant’s petition was «that the sentence of the court-martial was void, and hence constituted no defence to his action for his retained pay.
It was said by this court in Dynes v. Iloover, 20 How. 65, 82,. that “ with the sentences of courts-martial which have been convened regularly, and have proceeded regularly, and by which punishments are directed, not forbidden by law, or which are according to the laws and customs of the sea, civil courts have' nothing to do, nor are they in any waj^ alterable by them. If it were otherwise, the civil courts would virtually…
2Cases cited8 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Ex Parte ReedSupreme Court of the United States · 1879
- Dynes v. HooverSupreme Court of the United States · 1858
- Smith v. WhitneySupreme Court of the United States · 1886
- Johnson v. SayreSupreme Court of the United States · 1895
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3Cited by96 opinions
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- United States v. AugenblickSupreme Court of the United States · 1969
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- Carter v. McClaughrySupreme Court of the United States · 1902
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