Keyes v. United States
Supreme Court of the United States
APPEAL PEOM THE COURT OP CLAIMS.’ The appellant brought a suit against the United States, in the court of claims, on the 2d of February, 1880,. claiming to recover the sum of $4,236.36, for his pay as a second lieutenant in the 5th regiment of cavalry, in the army of the United States, from the 28th of April, 1877. That court dismissed his petition, on the following facts found by it: In February, 1877, the appellant was tried on four charges and specifications,, before a…
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APPEAL PEOM THE COURT OP CLAIMS.’ The appellant brought a suit against the United States, in the court of claims, on the 2d of February, 1880,. claiming to recover the sum of $4,236.36, for his pay as a second lieutenant in the 5th regiment of cavalry, in the army of the United States, from the 28th of April, 1877. That court dismissed his petition, on the following facts found by it: In February, 1877, the appellant was tried on four charges and specifications,, before a general court-martial composed of ten officers. One of them, Colonel Merritt, was the colonel of the 5th cavalry. They…
1Opinion of the CourtJustice BlatchRord
He recited the facts in. the language used above, and then said:
So far as regards the time after June 15th, 1877, the fact that Goldman was appointed by the president, by and with the advice and consent of the senate, a second lieutenant in the 5th cavalry, in the place of the appellant, from June 15th 1877, and was commissioned as such, and accepted and held the appointment, is a bar to the suit of the appellant. It was held by this court, in Blake v. United States, 103 U. S. 227, that the president has the power to supersede or remove an officer of the army by the appointment of another in…
2Cases cited3 opinions
- Ex Parte ReedSupreme Court of the United States · 1879
- Thompson v. TolmieSupreme Court of the United States · 1829
- Blake v. United StatesSupreme Court of the United States · 1881
3Cited by30 opinions
- United States v. AugenblickSupreme Court of the United States · 1969
- Smith v. WhitneySupreme Court of the United States · 1886
- McClaughry v. DemingSupreme Court of the United States · 1902
- United States v. FletcherSupreme Court of the United States · 1893
- Winslow v. . MortonSupreme Court of North Carolina · 1896
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