Legal Opinion

Thornley v. United States

Supreme Court of the United States

Decided February 2, 1885No. 1215PublishedCited by 42 opinions

APPEAL FROM THE COURT OF.CLAIMS. The appellant brought this suit against the United States to recover a balance due him, as he contended, on his pay as an officer of the navy.

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APPEAL FROM THE COURT OF.CLAIMS. The appellant brought this suit against the United States to recover a balance due him, as he contended, on his pay as an officer of the navy. His petition alleged that, on September 1, 1855, he was commissioned a surgeon in the navy; that on June 1, 1861, while he still held the grade or rank of surgeon, he Was, by order of the Secretary of the Navy, issued by direction of the President, placed on the retired list, in accordance with the 'provisions of § 3 of the act of Congress approved February 21, 1861, 12 Stat. 150, by reason of incapacity for further…

1Opinion of the CourtJustice Woods

He recited the facts as above stated, and continued:

' It is not seriously contended that § 1 of the act of August 5, 1882, referred to in this petition, has any application to the case. The controversy arises upon § 3 of the act of July 15, 1870,16 Stat. 321, entitled “ An Act making appropriations for the naval service for the year ending June 30, 1871, and for other purposes,” and the second clause of § 1 of the act of March 3, 1873, entitled “ An Act making appropriations for the naval service for the year ending June 30, 1874, and for other purposes,” 17 Stat. 547. These sections have…

2Cases cited3 opinions

  1. United States v. TylerSupreme Court of the United States · 1882
  2. Benton v. . WickwireNew York Court of Appeals · 1873
  3. Farrel Foundry v. DartSupreme Court of Connecticut · 1857

3Cited by42 opinions

  1. Hamilton v. RathboneSupreme Court of the United States · 1899
  2. United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
  3. United States v. MarxCourt of Customs and Patent Appeals · 1911
  4. International Expediters, Inc. v. United StatesUnited States Customs Court · 1957
  5. Edgar Allen Steel Co. v. United StatesCourt of Customs and Patent Appeals · 1928

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