Street v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The court stated the case, in its opinion, as follows: . This is an appeal from a judgment of the Court of Claims.' 24 C. Cl- 230. Appellant brought his action in that court to: recover, not for services actually rendered, but for sixteen years’ salary as first lieutenant, claiming that this was due by reason of an alleged illegality in the order of January 2,187Í, discharging him from the service.
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APPEAL FROM THE COURT OF CLAIMS. The court stated the case, in its opinion, as follows: . This is an appeal from a judgment of the Court of Claims.' 24 C. Cl- 230. Appellant brought his action in that court to: recover, not for services actually rendered, but for sixteen years’ salary as first lieutenant, claiming that this was due by reason of an alleged illegality in the order of January 2,187Í, discharging him from the service. That order is, therefore,the matter of inquiry. In 1869 and 1870 acts of Congress webe passed looking to a reduction in the army, and the order in question was made…
1Opinion of the Court
lypR. Justice Beewee,
after stating the case as above, delivered the opinion of the court.
The principal contention of the appellant is that, proceedings- having been- commenced under section 11, they should have been carried to a close, and that he could be mustered out of the. service only upon an adjudication by that board of unfitness. But this view cannot be sustained. It arises, from a misconception of. the scope of the two sections. The first; aims to eliminate from the army those officers who are unfit for the discharge of their duties, and whose unfitness springs' from no cause of…
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