United States v. North
Supreme Court of the United States
APPEALS PROM THE COURT OF CLAIMS. These suits were brought in the Court of Claims. James H. North was an officer in the navy of the United States from May 29, 1829, to January 11, 1861, when he resigned. He served in the war with Mexico, as lieutenant, on board tho frigate Potomac, from February 10, 1816, until Juiy, 1817, when his vessel sailed for the United States.
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APPEALS PROM THE COURT OF CLAIMS. These suits were brought in the Court of Claims. James H. North was an officer in the navy of the United States from May 29, 1829, to January 11, 1861, when he resigned. He served in the war with Mexico, as lieutenant, on board tho frigate Potomac, from February 10, 1816, until Juiy, 1817, when his vessel sailed for the United States. William TI. 'Emory was an officer in the regular army of the United States most of the time from July 1, 1831, to July 1, 187% when he was placed on the retired list. lie was appointed-first lieutenant of topographical engineers…
1Opinion of the CourtChief Justice Waite
He recited the facts as above stated, and continued:
' The questions are—
-1. Whether the officers of the navy and of the regular army who were employed in the prosecution of the war with Mexico are entitled to the three months’ - extra pay provided for. by the act of 1848, and if so, then,
2. What is the “ pay ” to which they are entitled ?
We have no hesitation in answering the first of these questions in the affirmative. All the doubts there may have been upon that subject when the act of 1848 stood alone were, in our opinion, removed by the act of 1879. It is difficult to see why the proviso…
2Cited by5 opinions
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- Hite v. United StatesUnited States Court of Claims · 1906
- Hite v. United StatesUnited States Court of Claims · 1906
- Hotchkin v. United StatesUnited States Court of Claims · 1888