Montgomery v. United States
United States Court of Claims
Major Montgomery was a major and. quartermaster in tbe service of the United States, and was dismissed from tbe service on tbe IStb of July, 1863; be was paid up to Juljr 24,1863. Tbis order of dismissal was revoked on tbe 14th of June. He was not paid from July 25, 1863, to June 13, 1864, and tbis action is brought to recover tbe pay and emoluments to which be is entitled during tbis period.
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Major Montgomery was a major and. quartermaster in tbe service of the United States, and was dismissed from tbe service on tbe IStb of July, 1863; be was paid up to Juljr 24,1863. Tbis order of dismissal was revoked on tbe 14th of June. He was not paid from July 25, 1863, to June 13, 1864, and tbis action is brought to recover tbe pay and emoluments to which be is entitled during tbis period. Tbe amount claimed and certified to be correct by tbe Paymaster General is $2,166 74. Tbis case is an exact parallel with those of Thornton Smith v. The United States, (2 0. Cls. R., p. 206;) Gilbert B.…
1Opinion of the CourtNott, J.
This is an action brought to recover $2,201, for the pay of a military officer between the date of an order dismissing him from the service and the date of its revocation.
It appears that two citizens preferred charges against Major Montgomery for disloyal sentiments during the war, and for a grossly scurrilous attack on the President of the United States. He was summarily dismissed the service by the following order:
“Wae Department,
“Adjutant Oeneral’s Oeeice,
“ Washington, July 18,1863.
“By direction of the President, Major Alexander Montgomery, quartermaster United States Army, is hereby…
2Cited by2 opinions
- Coonley v. StateCourt of Claims of Illinois · 1931
- Miller v. United StatesUnited States Court of Claims · 1884