Legal Opinion

Smith v. United States

United States Court of Claims

Decided April 19, 1915No. 32795PublishedCited by 4 opinions

.The Reporter's statement of the case: The claimant, then a warrant officer in the Navy of the grade of machinist, with more than six years’ service in said grade, became entitled to promotion to chief machinist upon the enactment of the act of March 3, 1909. 35 Stat. L., 771. He was examined, the delay being occasioned through no fault of his own, on May 17, 1909, and failed professionally; thereupon, under section 1505, Revised Statutes, he became suspended from promotion…

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.The Reporter's statement of the case: The claimant, then a warrant officer in the Navy of the grade of machinist, with more than six years’ service in said grade, became entitled to promotion to chief machinist upon the enactment of the act of March 3, 1909. 35 Stat. L., 771. He was examined, the delay being occasioned through no fault of his own, on May 17, 1909, and failed professionally; thereupon, under section 1505, Revised Statutes, he became suspended from promotion for one year, with corresponding loss of date. Section 1505, Revised Statutes, provides that: “Any officer of the Navy…

1Opinion of the CourtBaRNev, Judge

The plaintiff, a warrant officer in the Navy of the grade of machinist, with more than six years’ service in said grade, became entitled to be promoted to chief machinist upon the passage of the act of March 3, 1909, 35 Stat. L., 771. He was examined for such promotion on May 17, 1909, and failed professionally. The delay in his examination was through no fault of his own. Thereupon he became suspended from promotion for one year, with corresponding loss of date under section 1505, Revised Statutes, which is as follows:

“Any officer of the Navy on the active list below the grade of commander,…

2Cited by4 opinions

  1. Toulon v. United States.United States Court of Claims · 1916
  2. Downes v. United StatesUnited States Court of Claims · 1917
  3. Seifert v. United StatesUnited States Court of Claims · 1917
  4. Williams v. United StatesUnited States Court of Claims · 1915

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