Fletcher v. United States
United States Court of Claims
The Reporter’s statement of tlie ease :■ Tlie following are the facts of this case as found by the court: I. On December 27, 1850, the claimant was enlisted in the general mounted service of the Army; was transferred to the First Cavalry January 18, I860, aud assigned .to Troop I, which subsequently became Troop I of the Fourth Cavalry; joined the troop February 18, 1860; was promoted corporal January 23, 1863; and discharged March. 26,1863. February 24, 1863, lie was…
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The Reporter’s statement of tlie ease :■ Tlie following are the facts of this case as found by the court: I. On December 27, 1850, the claimant was enlisted in the general mounted service of the Army; was transferred to the First Cavalry January 18, I860, aud assigned .to Troop I, which subsequently became Troop I of the Fourth Cavalry; joined the troop February 18, 1860; was promoted corporal January 23, 1863; and discharged March. 26,1863. February 24, 1863, lie was appointed second lieutenant in the Fourth Regiment of Cavalry, U. S. Army, to rank from February 19, 1863, and accepted the…
1Opinion of the CourtNott, J.
The general principle laid down by the Supreme Court in Runkle’s Case (122 U. S. R., 543) is that “ in time of peace no sentence of a court-martial directing the dismissal of an officer *558shall be carried into execution until it shall have been confirmed by the President” (Article of War, 65; 2 Stat. L., 359), and the confirmation being " judicial in its character ” it must appear “ otherwise than argumentatively” that “ the whole proceedings of the court-martial had been laid before him,” and that the confirmation of the sentence was “ the result of his oton judgment,” and not a mere…
2Cases cited4 opinions
- Runkle v. United StatesSupreme Court of the United States · 1887
- Blake v. United StatesSupreme Court of the United States · 1881
- United States v. PageSupreme Court of the United States · 1891
- Ide v. United StatesUnited States Court of Claims · 1890
3Cited by11 opinions
- Parker v. LevySupreme Court of the United States · 1974
- Richard G. Augenblick v. The United StatesUnited States Court of Claims · 1967
- United States v. MooreUnited States Court of Military Appeals · 1994
- Ancker v. United StatesUnited States Court of Claims · 1950
- United States v. HarveyUnited States Air Force Court of Criminal Appeals · 2009
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