Legal Opinion

Foster v. United States

United States Court of Claims

Decided February 6, 1888No. 15462Published

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. Prior to November 28, 1861, claimant served in the Navy six years and forty days as an enlisted man. II. He was appointed gunner in the regular Navy November 28, 1861, and served as such until April 14, 1S68, when his resignation was accepted. His service as gunner was six years and one hundred and forty-five days under this appointment. III.

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The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. Prior to November 28, 1861, claimant served in the Navy six years and forty days as an enlisted man. II. He was appointed gunner in the regular Navy November 28, 1861, and served as such until April 14, 1S68, when his resignation was accepted. His service as gunner was six years and one hundred and forty-five days under this appointment. III. December 27,1869, he accepted a new appointment as gunner in the regular Navy, under which he has since served continuously. IY. Under the longevity…

1Opinion of the CourtDavis, J.

After a service as enlisted man in the Navy of something over six years, claimant was appointed a gunner. This position he held for some six years, when he resigned, and after the lapse of a year and eight months he was re-appointed a gunner. This occurred in December, 1869, and under the law as it then existed he was not entitled to any increase of pay because of service prior to his resignation. By authority of the acts of August 5, 1882, and March 3, 18S3, the accounting officers have credited claimant with this previous service of twelve years* and over, but have allowed this credit only…

2Cases cited1 opinion

  1. Hawkins v. United StatesUnited States Court of Claims · 1884

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