Moser v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The Claimant entered the United States naval service as midshipman on September 29, 1864, and has served continuously in the Navy since that date. II.
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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The Claimant entered the United States naval service as midshipman on September 29, 1864, and has served continuously in the Navy since that date. II. On August 10, 1903, he was promoted to the grade of captain, and on September 29, 1904, while serving in that grade, he was placed on the retired list after forty years’ service in accordance with section 1443 of the Revised Statutes. The letter notifying him of his retirement is as . follows: “ Navy Department, “ Washington, May 17,190J¡.. “…
1Opinion of the Court
•Peelle, Ch. J.,
delivered the opinion of the court:
September 29,1864, the claimant ivas appointed a midshipman at the Naval Academy, and served there continuously until after the close of the late civil war. On August 10, 1903, he was promoted to the grade of captain, and on September 29,1904, he was, at his own request — after forty years’ service — placed on the retired list by the President under the provisions of Revised Statutes, section 1443.
*89Section 11 of the act of March 3, 1899 (30 Stat. L., 1001"), known as the “ Navy personnel act,” provides:
“ That any officer of the Navy, with a…
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