United States v. Frizzell
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the United States from an order of the Supreme Court of the District of Columbia holding an equity court, discharging a rule to show cause why the proceeds of the pension of an insane pensioner, John H. Righter, in the custody of his committee should not be charged with the payment of his board and treatment at the Government Hospital for the Insane.
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Hearing on an appeal by the United States from an order of the Supreme Court of the District of Columbia holding an equity court, discharging a rule to show cause why the proceeds of the pension of an insane pensioner, John H. Righter, in the custody of his committee should not be charged with the payment of his board and treatment at the Government Hospital for the Insane. The Court in its opinion stated the case as follows: This is an appeal from an order of the Supreme Court of the District in the matter of the statement of an account in the equity branch of that court. The cause was tried…
1Opinion of the CourtJustice Morris
The question here is, whether the proceeds of a pension, granted by the United States to one formerly a soldier in the military service and discharged therefrom for insanity supervening after his enlistment, can be required by judicial process to be appropriated to the payment of the board and medical service received by the insane person while under confinement in the Government Hospital for the Insane after his discharge from the army.
The question is a novel one. There seems to be no precedent for it; and its solution must depend, not so much upon general principles of law, as upon a…
2Cases cited2 opinions
- Hissem v. JohnsonWest Virginia Supreme Court · 1886
- Perkins v. HinckleySupreme Court of Iowa · 1887