Fulmer v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts in the case as found by the court: I. The claimant was appointed second assistant engineer in the Navy on April 21, 1863. Under the regulations of the Navy Department he became eligible for examination for promotion. to the grade of first assistant engineer on September 3,1868, having completed three years’ service at sea on the preceding day.
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The Reporters’ statement of the case: The following are the facts in the case as found by the court: I. The claimant was appointed second assistant engineer in the Navy on April 21, 1863. Under the regulations of the Navy Department he became eligible for examination for promotion. to the grade of first assistant engineer on September 3,1868, having completed three years’ service at sea on the preceding day. He was not, however, examined for promotion until April, 1874. In February, 1874, be was ordered to report for examination, and after such examination was reported as qualified for…
1Opinion of the Court
Nott, Ch. J.,
delivered tbe opinion of tbe court:
Tbe claimant, a retired naval officer, has been paid at tbe rate of pay prescribed by law at tbe time of retirement. He has also received all of the pay to which be has since been entitled, unless bis pay as a retired officer has been increased by tbe Act 3d March, 1885 (23 Stat. L., p. 436). In. other words, if tbe act of 1885 bad never been passed there would be no case before tbe court.
That act. is in these words:
“Be it enacted, etc., That from and after tbe passage of this act, tbe passed assistant engineers of the Navy shall receive during…
2Cases cited2 opinions
- Young v. United StatesUnited States Court of Claims · 1884
- Bradbury v. United StatesUnited States Court of Claims · 1885
3Cited by6 opinions
- Norman v. United StatesUnited States Court of Claims · 1968
- Abbott v. United StatesUnited States Court of Claims · 1973
- Carroll v. United StatesUnited States Court of Claims · 1948
- Andrews v. United StatesUnited States Court of Claims · 1966
- Byrd v. United StatesUnited States Court of Claims · 1945
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