McElrath v. United States
Supreme Court of the United States
Appeal from the Court of Claims. On the 5th of -J.une, 1866, Thomas L. McElrath transmitted to the Secretary of the Navy his resignation as a first lieutenant in the Marine Corps.
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Appeal from the Court of Claims. On the 5th of -J.une, 1866, Thomas L. McElrath transmitted to the Secretary of the Navy his resignation as a first lieutenant in the Marine Corps. By an official communication from the Navy Department, dated June 19, 1866, and signed .by Mr. Welles, as Secretary of the Navy, he was notified that the department declined to . accept his resignation, the Secretary adding, “As you deserted from the ‘Monongahela’ on the eve of her sailing for the West Indies, you are hereby dismissed from the service from this date.” The President, June 27, 1866, nominated to the…
1Opinion of the CourtJustice Harlan
The first aijd second assignments'of error proceed upon the ground that, notwithstanding the order of dismissal of June 19, 1866, and the subsequent appointment, by and with the advice ■and consent of the Senate, of Haycock as a first lieutenant in the Marine Corps, vice McElrath, the latter was never legally dismissed from tíie service, but was, in law, a first lieutenant in that corps during the whole period from June 20,1866, to July 10, 1873,. and as such entitled to full pay and allowances.
In discussing-the questions of law involved in this.position, counsel' for the claimant starts with…
2Cases cited3 opinions
- United States v. AndersonSupreme Court of the United States · 1870
- Lapeyre v. United StatesSupreme Court of the United States · 1873
- United States v. NortonSupreme Court of the United States · 1878
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