Morton v. United States
United States Court of Claims
The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. In Major Babbitts Case (16 O. Cls.
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The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. In Major Babbitts Case (16 O. Cls. E., 202; affirmed 104 U. S. E., 767) the decision rested upon the Act 18th June, 1878 (1 Supplem’t E. S., p. 362, § 7), which assured longevity pay, not for u the actual time of service in the Army,” but to officers u who have served as7’ “ enlisted men in the armies of the United States, regular or volunteer.77 It was held that the act applied to officers coming into the Army from the volunteer service or from the ranks, but not to those coming in…
1Opinion of the Court
Drake, Ch. J.,
delivered the opinion of the court:
The claimant, a first lieutenant of cavalry, sues for longevity pay to which he considers himself lawfully entitled, but which has been withheld from him. He was for four years a cadet at the Military Academy at West Point, where he graduated. If those four years are to be counted as a part of his service in the Army, he is .entitled to the longevity pay; otherwise not.
The general provision of law upon which the right of officers to that description of pay primarily rests, is section 1262 of the Bevised Statutes, in these words:
“ There shall be…
2Cited by5 opinions
- William G. Weld & Co. v. United StatesUnited States Court of Claims · 1888
- Hartigan v. United StatesUnited States Court of Claims · 1903
- La Tourette v. United StatesUnited States Court of Claims · 1891
- Noce v. United StatesUnited States Court of Claims · 1923
- Walton v. United StatesUnited States Court of Claims · 1896