Legal Opinion

McLean v. United States

Supreme Court of the United States

Decided December 23, 1912No. 33PublishedCited by 57 opinions

APPEAL FROM THE COURT OF CLAIMS. The facts, which involve the amount due to a reinstated officer of the United States Army for back pay and emoluments under an act of Congress and the proper method of computing the same, are stated in the opinion. This court has repeatedly held that it will not go behind the findings of fact as made by the Court of Claims and will not consider the evidence upon which they were founded. 5 Wall. 419; 17 Wall.

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APPEAL FROM THE COURT OF CLAIMS. The facts, which involve the amount due to a reinstated officer of the United States Army for back pay and emoluments under an act of Congress and the proper method of computing the same, are stated in the opinion. This court has repeatedly held that it will not go behind the findings of fact as made by the Court of Claims and will not consider the evidence upon which they were founded. 5 Wall. 419; 17 Wall. XVII; 93 U. S. 605; 111 U. S. 609. See also Sisseton & Wahpeton Indians v, United States, 208 U. S, 561, 566, citing McClure v. United States, 116 U. S.…

1Opinion of the CourtJustice McKenna

The question in the case is the extent of relief to which appellant is entitled under the following act of Congress, passed February 24, 1905:

“That the proper accounting officers be, and they are hereby directed to settle and adjust to Sarah K. McLean, widow of the late Lieutenant-Colonel Nathaniel H. McLean, all back pay and emoluments that would have been due and payable to the said Nathaniel H. McLean as a major from July twenty-third, eighteen hundred and sixty-four, to the date, of his reinstatement, March third, eighteen hundred and seventy-five, and that the amount found due by said…

2Cases cited3 opinions

  1. Oceanic Steam Navigation Co. v. StranahanSupreme Court of the United States · 1909
  2. Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
  3. Medbury v. United StatesSupreme Court of the United States · 1899

3Cited by57 opinions

  1. Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
  2. United States v. Missouri Pacific RailroadSupreme Court of the United States · 1929
  3. United States v. BabcockSupreme Court of the United States · 1919
  4. Dismuke v. United StatesSupreme Court of the United States · 1936
  5. United States v. HvoslefSupreme Court of the United States · 1915

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