Donnelly v. United States
United States Court of Claims
The Reporters’ statement of tbe case: Tbe allegations of tbe petition, so far as they affect tbe decision of tbis case, will be found in tbe opinion of tbe court.
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The Reporters’ statement of tbe case: Tbe allegations of tbe petition, so far as they affect tbe decision of tbis case, will be found in tbe opinion of tbe court. Upon allowance of tbe claim of General Lyle by tbe Commissioner, bis rights became fixed, and tbe arrears of bis pension —that part of it wbicb was behind in payment which remained due and unpaid — became a debt by tbe United States to him,, wbicb required no further action on bis part to enforce, and with wbicb tbe government bad nothing further to do except to pay. And that payment, not having yet been made, should now be made to…
1Opinion of the CourtRicjeiaedson, J.
This case comes to issue upon demurrer by the defendants to the petition of the claimant.
The alleged facts are these: Peter Lyle-had been colonel of the Ninetieth Regiment of Pennsylvania Yolunteer Infantry during the war of the rebellion, and was in receipt of a pension which commenced from the date of his filing the last evidence necessary to establish his claimbefore the Commissioner of Pensions,,in accordance with the provisions of the statutes previous to January 25, 1879.
On that day Congress passed an act, the first section of which is as follows:
“ [Section 1.] That all pensions which…
2Cited by2 opinions
- Escartín Viuda de Quiñones v. HitchmanSupreme Court of Puerto Rico · 1934
- Fees for Affidavits by Veterans, Pennsylvania Department of Justice1932