Moses v. United States
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA. On the 7th day of December, 1880, First Lieutenant II. W. Howgate, Acting Signal Officer, U. S.' Army, sent in his resignation to the Adjutant General, at Washington, through the Acting Chief Signal' Officer.
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ERROR TO THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA. On the 7th day of December, 1880, First Lieutenant II. W. Howgate, Acting Signal Officer, U. S.' Army, sent in his resignation to the Adjutant General, at Washington, through the Acting Chief Signal' Officer. At that time there was in existence paragraph 2394, United . States Army Regulations, which provided that “ An officer retiring from service shall before final payment produce certificates from the several accounting officers of non-indebtedness to the United States, and make an affidavit upon the final voucher, stating in…
1Opinion of the CourtJustice Peckham
Yarious errors are assigned in this court, the first two of which allege that error was committed: First, in admitting the alleged bond in evidence, there being a material variance in date between the instrument offered and the one described in the declaration ; Second, in- admitting the alleged bond in evidence when there ivas no evidence tending to prove that it was sealed by W. B. Móses.(1). "We think there was no material variance as claimed by the defendants. The first count in the declaration states the date of the bond as the 2d of April, 1878. The bond as offered in evidence is dated…
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