Jouett v. United States
United States Court of Claims
The Reporters’ statement of tbe ease: The following are the facts of this case as found by the court: I. October 1,1881, plaintiff was a master in the Navy; a vacancy then occurred in the grade of lieutenant, and by reason of seniority plaintiff became entitled to examination for promotion to this vacancy. He was, however, then absent from the country, being attached to a vessel on the Asiatic station.
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The Reporters’ statement of tbe ease: The following are the facts of this case as found by the court: I. October 1,1881, plaintiff was a master in the Navy; a vacancy then occurred in the grade of lieutenant, and by reason of seniority plaintiff became entitled to examination for promotion to this vacancy. He was, however, then absent from the country, being attached to a vessel on the Asiatic station. For this reason he was not then ordered for examination by the President, but the,12th of October, 1881, the President submitted a list of nominations to the Senate, from which the following is…
1Opinion of the Court
Davis, J.}
delivered the opinion of the court:
While absent upon the Asiatic station, serving as a master in the Navy, plaintiff was nominated, confirmed, and commissioned as a lieutenant in the Navy. The nomination and confirmation were made “ subject to the required examination before being commissioned.” The commission, therefore, was not issued, but was retained by the Secretary of the ,Navy, and has never been delivered. In 1886 the plaintiff was duly examined, and reported qualified to perform the duties of the grade “to which he is to be promoted,” and the board recommended him for…
2Cases cited4 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Blake v. United StatesSupreme Court of the United States · 1881
- United States v. Le BaronSupreme Court of the United States · 1856
- Keyes v. United StatesSupreme Court of the United States · 1883
3Cited by1 opinion
- D'Arco v. United StatesUnited States Court of Claims · 1971