Legal Opinion

Dyer v. United States

United States Court of Claims

Decided March 24, 1902No. 21180PublishedCited by 1 opinion

The Reporters’ statement of the ease: The following are the facts of the case as found by the court: * I. The claimant, George L. Dyer, was on July 1,1897, and is still, an officer in the Navy of the United States, to wit, a lieutenant. II.

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The Reporters’ statement of the ease: The following are the facts of the case as found by the court: * I. The claimant, George L. Dyer, was on July 1,1897, and is still, an officer in the Navy of the United States, to wit, a lieutenant. II. On the above-mentioned date the following order was issued and delivered to him: “Navy Department, “ Washington, July 1,1897. “Sir: You are hereby detached from duty in the Navy Department and will report at once to Gen. Stewart L. Wood-ford for duty at Washington, D. 0., in connection with his mission. You will proceed with him to Europe, visiting with…

1Opinion of the Court

Nott, Ch. J.,

delivered the opinion of the court:

The naval appropriation Act 3d March, 1897 (29 Stat. L., p. 648), under the heading “Pay, miscellaneous,” among other things, appropriated for “maintenance of students and attaches and information from abroad i;' * * three hundred thousand dollars.”

The court is of the opinion that the appropriation, so far as it relates to the maintenance of attaches and information from abroad, is in the nature of a contingent fund, and comes within the spirit if not the letter of the decision of the Supreme Court in the case of United States v. Jones (18 How.,…

2Cases cited1 opinion

  1. United States v. JonesSupreme Court of the United States · 1856

3Cited by1 opinion

  1. Byerly v. United StatesUnited States Court of Claims · 1923

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