Babbitt v. United States
United States Court of Claims
The Reporter’s statement of tbe case: The following are the facts as found by the court': I. The claimant reported at the Military Academy at West Point as a candidate for admission June 11, 1857, and was admitted as a conditional cadet July 1, 1857, and received his warrant as a cadet on the 6th of February, 1858. II.
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The Reporter’s statement of tbe case: The following are the facts as found by the court': I. The claimant reported at the Military Academy at West Point as a candidate for admission June 11, 1857, and was admitted as a conditional cadet July 1, 1857, and received his warrant as a cadet on the 6th of February, 1858. II. On the 1st of July, 1857, when the said claimant was so admitted as a conditional cadet, he entered into an agreement, as required by law, in the words and figures following, to wit: “United States Military Academy, “ West Point, N. Y., July 1, 1857. “I, Lawrence S. Babbitt,…
1Opinion of the CourtDavis, J.
The claimant, who is a major in the Ordnance Department, entered the Army after the usual service as a cadet at West Point. In the computation of his longevity pay his period of service is calculated by the accounting officer from the date of his commission as second lieutenant. The seventh section of the act of June 18,1878, provides:
“Sec. 7. That on and after the passage of this act, all officers of the Army of the United States who have served as officers in the volunteer forces during the war of the rebellion, or as enlisted men in the armies of the United States, regular or volunteer,…
2Cases cited1 opinion
- Collins v. United StatesUnited States Court of Claims · 1878
3Cited by6 opinions
- Hoeppel v. United StatesCourt of Appeals for the D.C. Circuit · 1936
- United States v. NearingDistrict Court, S.D. New York · 1918
- United States v. PriethDistrict Court, D. New Jersey · 1918
- Hartigan v. United StatesUnited States Court of Claims · 1903
- Mallory v. WheelerWisconsin Supreme Court · 1912
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