Legal Opinion

Brown v. United States

United States Court of Claims

Decided May 14, 1883No. 12936PublishedCited by 5 opinions

The following are the facts found by the court: I. Claimant is the administratrix of James Brown, deceased. Said decedent was appointed a'boatswain in the Navy of the United States from January 4, 1862. II.

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The following are the facts found by the court: I. Claimant is the administratrix of James Brown, deceased. Said decedent was appointed a'boatswain in the Navy of the United States from January 4, 1862. II. October 22, 1872, claimant’s intestate was placed upon the retired list, as appears in the following record: Navy Department, Bukeau oe Navigation and Oeeice oe Detail, Washington, 3d Oet., 1872. Sir: Proceed to Washington City by the 7th instant, and report to Rear-Admiral Rodgers at the Department for examination under the 23d sec. of the act of Aug. 3, 1861, by the retiring board of…

1Opinion of the Court 1

OPINION.

2Opinion of the Court · ScofieldScofield, J.

January 4,1862, claimant’s intestate was appointed a boatswain in the Navy.

October 22,1872, by order of the President, he was placed upon the retired list, under section 23 of the Act of August 3, 1861, ch. 42 (12 Stat. L., 291; now Bev. Stat., §•$ 1448-1455).

Are warrant officers included in this section? If not, the action of the President was void, and the officer was entitled to pay on the active list. The following is the section:

Sec. 23. And be it further enacted, That when any officer of the Navy, on being ordered to perform the duties appropriate to his commission, shall report…

3Cases cited5 opinions

  1. United States v. MooreSupreme Court of the United States · 1878
  2. Edward's Lessee v. DarbySupreme Court of the United States · 1827
  3. Blake v. United StatesSupreme Court of the United States · 1881
  4. United States v. PughSupreme Court of the United States · 1879
  5. Magaw v. United StatesUnited States Court of Claims · 1880

4Cited by5 opinions

  1. Seastrom v. United StatesUnited States Court of Claims · 1959
  2. Harrison v. United StatesUnited States Court of Claims · 1885
  3. In re BillingsUnited States Court of Claims · 1888
  4. Laws v. United StatesUnited States Court of Claims · 1891
  5. Wilson v. United StatesUnited States Court of Claims · 1890

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