Toulon v. United States
United States Court of Claims
The Reporter’s statement of the case: Mr. George A. King for the plaintiff. King <& King were on the briefs. The following are the facts as found by the court: I. The claimant, Alfred J. Toulon, was appointed an assistant surgeon in the Navy to rank from November 29, 1907, and accepted the appointment and executed the oath of office December 4, 1907. He was nominated July 29, 1911, to be a passed assistant surgeon in the Navy from the 29th day of November, 1910, upon…
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The Reporter’s statement of the case: Mr. George A. King for the plaintiff. King <& King were on the briefs. The following are the facts as found by the court: I. The claimant, Alfred J. Toulon, was appointed an assistant surgeon in the Navy to rank from November 29, 1907, and accepted the appointment and executed the oath of office December 4, 1907. He was nominated July 29, 1911, to be a passed assistant surgeon in the Navy from the 29th day of November, 1910, upon completion of three years’ service as assistant surgeon (subject to examination required by law), and was confirmed August 1,…
1Per curiam
The plaintiff brought his action claiming under the provisions of the act of March 4, 1913, 37 Stats., 892, and his petition was dismissed, 51 C. Cls., 87. A motion for a new trial has been overruled.
The chief reason for the dismissal of said action was that the date from which the plaintiff’s rank dated, as stated in the commission, was prior in point of time to the date when he could have been commissioned if due effect was given to the statute requiring the suspension from promotion for six months of an officer who failed to professionally qualify when examined for promotion. The fact that…
2Cases cited2 opinions
- United States v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1915
- Toulon v. United States.United States Court of Claims · 1916
3Cited by2 opinions
- Hooper v. United StatesUnited States Court of Claims · 1918
- In re Proposed Reference by the Secretary of the NavyUnited States Court of Claims · 1918