Legal Opinion

McNamara v. United States

United States Court of Claims

Decided May 29, 1893No. 17446Published

The Reporters’ statement of tbe case: The following are the facts of the case as found by the court: I. The claimant, Thomas McNamara, is a private of Troop B of the Third Regiment of Cavalry in the regular Army of the United States. His service from original enlistment has been as follows: November 17,1868, he enlisted in Troop K, Second United States Cavalry, at New York, N. Y., as a private, and was assigned to Troop K, Second Cavalry.

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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, Thomas McNamara, is a private of Troop B of the Third Regiment of Cavalry in the regular Army of the United States. His service from original enlistment has been as follows: November 17,1868, he enlisted in Troop K, Second United States Cavalry, at New York, N. Y., as a private, and was assigned to Troop K, Second Cavalry. November 27, 1873, he was discharged at Fort Laramie, Wyo. T., by expiration of term of service, a private. December 11,1873, he reenlisted at Fort Sanders,…

1Opinion of the Court

Eiohakdson, Ch. J.,

delivered the opinion of the court:

The decision in this case turns upon whether or not the act of February 9,1891, chapter 122, section 2, is retroactive.

"Be it enacted, <&e., That section twelve hundred and sixteen, Revised Statutes, be, and is hereby, amended to read:
“Sec. 1216. When any enlisted man of the Army shall have distinguished himself in the service, the President may, at the recommendation of the commanding officer of the regiment to which such enlisted man belongs, grant him a certificate of merit.’”
“ Sec. 2. Section twelve hundred and eighty-five, Revised…

2Cases cited4 opinions

  1. Edward's Lessee v. DarbySupreme Court of the United States · 1827
  2. United States v. HillSupreme Court of the United States · 1887
  3. Ludington v. United StatesUnited States Court of Claims · 1879
  4. In re SmithUnited States Court of Claims · 1888

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