Legal Opinion

Thornley v. United States

United States Court of Claims

Decided January 29, 1883No. 12800PublishedCited by 3 opinions

This case involves the construction of Revised Statutes, §§ 1556,1558, relating to the pay of retired officers of the Navy, and the special Act of April 7, 1882, ch. 72 (22 Stat. L., 41), passed for the relief the claimant. The following are the facts found by the court. The provisions of the statutes are stated in the opinion of the court. I. On the 3d of September, 1855, the claimant was commissioned a surgeon in the Navy. II.

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This case involves the construction of Revised Statutes, §§ 1556,1558, relating to the pay of retired officers of the Navy, and the special Act of April 7, 1882, ch. 72 (22 Stat. L., 41), passed for the relief the claimant. The following are the facts found by the court. The provisions of the statutes are stated in the opinion of the court. I. On the 3d of September, 1855, the claimant was commissioned a surgeon in the Navy. II. On the 1st of June, 1861, on account of physical incapacity to perform further service at sea, he was jdaced on the retired list as a surgeon under the 3d section of…

1Opinion of the Court

OPINION.

Drake, Ch. J.,

delivered the opinion of the court:

In section 1 of the Act of March 3, 1873 (17 Stat. L., 547, ch. 230), the following provision was adopted:

Those officers on the retired list, and those hereafter retired, who were, or who may he, retired after forty years’ service, or on attaining the age of sixty-two years, in conformity with section one of the act of December, eighteen hundred and sixty-one, and it's amendments, dated June twenty-fifth, eighteen hundred and sixty-four, or those who were or may he retired from incapacity resulting from long and faithful service, from…

2Cases cited2 opinions

  1. United States v. TylerSupreme Court of the United States · 1882
  2. Tyler v. United StatesUnited States Court of Claims · 1880

3Cited by3 opinions

  1. Carroll v. United StatesUnited States Court of Claims · 1948
  2. State v. DudleyIndiana Supreme Court · 1910
  3. Faust v. United StatesUnited States Court of Claims · 1907

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