Jasper v. United States
United States Court of Claims
The Reporters5 statement of the case: The grounds of the motion appear sufficiently in the opinion of the court. 1. The general rule for the construction of all statutes is that they apply only to future cases unless otherwise expressly stated. (White v. United States, 191 U. S., 545.) 2. The rank and pay of retired officers becomes fixed upon their retirement and is not either increased or diminished by subsequent legislation unless the law expressly so provides.
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The Reporters5 statement of the case: The grounds of the motion appear sufficiently in the opinion of the court. 1. The general rule for the construction of all statutes is that they apply only to future cases unless otherwise expressly stated. (White v. United States, 191 U. S., 545.) 2. The rank and pay of retired officers becomes fixed upon their retirement and is not either increased or diminished by subsequent legislation unless the law expressly so provides. This court quoted and construed the statute on the subject in Fulmer v. United States (32 C. Cls., 112,121). The language used is…
1Opinion of the Court
Peelle, Ch. J.,
delivered the opinion of the court:
This case has had a checkered career. The claimant, a commander in the United States Navy on the retired list, claims the benefit of section 11 of the act of March 3, 1899 *370(30 Stat. L., 1007), known as the Navy Personnel Act, which, provides “ That any officer of the navy, with a creditable record, who served during the civil war, shall, when retired, be retired with the rank and three-fourths the sea pay of the next higher grade.”
The question presented was whether an undergraduate in the Naval Academy, pursuing his studies there during the…
2Cases cited8 opinions
- Chew Heong v. United StatesSupreme Court of the United States · 1884
- United States v. HethSupreme Court of the United States · 1806
- White v. United StatesSupreme Court of the United States · 1903
- United States v. BakerSupreme Court of the United States · 1888
- Moser v. United StatesUnited States Court of Claims · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Technograph Printed Circuits, Ltd. v. United StatesUnited States Court of Claims · 1967
- Union Carbide Corp. v. CommissionerUnited States Tax Court · 1980
- Abarr v. United StatesUnited States Court of Claims · 1957
- Moser v. United StatesUnited States Court of Claims · 1914
- Technograph Printed Circuits, Ltd. v. United StatesCourt of Appeals for the Third Circuit · 1967
4 more not listed; retrieve them via the Exa API.