Burchard v. United States
United States Court of Claims
The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. The claimant was appointed second assistant engineer in the Navy, to date from September 1, 1870, his title being subsequently changed, by Act February 24, 1874, ch. 35 (Supplement Rev. Stat., 5), to that of assistant engineer. II.
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The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The following are the facts as found by the court: I. The claimant was appointed second assistant engineer in the Navy, to date from September 1, 1870, his title being subsequently changed, by Act February 24, 1874, ch. 35 (Supplement Rev. Stat., 5), to that of assistant engineer. II. Under the provisions of Revised Statutes, section 1454, a retiring board found that he was incapacitated for active service, and that his incapacity was not the result of any incident of the sendee, and…
1Opinion of the CourtWeldon, J.
September 1,1870, claimant was commissioned second assistant engineer in the Navy. October 6,1874, he was ordered to appear before the retiring board for examination. The board found him “ incapacitated for duty by disability which did not originate in the line of duty.” The finding was approved by the President October 26, 1874, and the claimant was thereupon retired upon furlough pay as required by section 1454 of the Revised Statutes.
What was his retired furlough pay ?
Section 1593 provides that officers retired “ on furlough pay shall receive only one-half of the pay to which they would…
2Cases cited2 opinions
- Magaw v. United StatesUnited States Court of Claims · 1880
- Kanawha River Docking & Marine, Inc. v. Blennerhassett Historical Park CommissionWest Virginia Court of Claims · 1983