Walton v. United States

Defendant demurs to plaintiff’s petition generally on the ground that it does not state a cause of action. Plaintiff is a retired warrant officer of the Army and signs himself “Major, *29U. S. A. retired.” The War Department addresses him as “Warrant Officer Joseph H. Walton.”

The claim is based upon the act of July 31, 1935, 49 Stat. 505,507, stating that “any officer of the Regular Army * * * whose application for retirement under the provisions of this section” has been approved by the President shall be retired in the grade of major, etc. The Special Orders of the War Department specifically…