McElrath v. United States
United States Court of Claims
The Reporters' statement of the case: The court found the following facts: 1. That by a Commission, dated April 1, 1862, to date from 26th November, 1861, the petitioner was appointed a first lieu-tenant in the Marine Corps of the United^ States. 2. That on the 1st day of June, 1866, the petitioner was commanding the marine guard of the United States steamer Monongahela, then lying at the Boston navy-yard, and at about 9 p. m. on the evening of said 1st day of June he went…
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The Reporters' statement of the case: The court found the following facts: 1. That by a Commission, dated April 1, 1862, to date from 26th November, 1861, the petitioner was appointed a first lieu-tenant in the Marine Corps of the United^ States. 2. That on the 1st day of June, 1866, the petitioner was commanding the marine guard of the United States steamer Monongahela, then lying at the Boston navy-yard, and at about 9 p. m. on the evening of said 1st day of June he went on shore, and because of his not returning that evening an officer was the next day sent on search for him at the various…
1Opinion of the CourtLoring, J.
The statement of facts shows that the petitioner was paid $6,166.53, as half of the pay and allowances of a first lieutenant of marines, from the 21st June, 1866, the date of the order dismissing him from the service, to the 10th July, 1873, the date of the order made to revoke his dismissal. And in this suit he alleges that he was, for the term of time specified, entitled to full pay and allowances, and claims as the residue of these about $7,000.
By the Constitution, the President is to appoint officers by and with the advice of the Senate; and under that provision he can remove officers…
2Cited by17 opinions
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- McCollum v. United StatesUnited States Court of Claims · 1881
- State Ex Rel. Buder v. HackmannSupreme Court of Missouri · 1924
- Bennett v. United StatesUnited States Court of Claims · 1884
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