Legal Opinion

Collins v. United States

United States Court of Claims

Decided December 15, 1879PublishedCited by 42 opinions

On the Proofs. The Reporters’ statement of tbe case: This is tlie same case which was heard upon demurrer (14 0. 01s. It., 508) at the last term.

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On the Proofs. The Reporters’ statement of tbe case: This is tlie same case which was heard upon demurrer (14 0. 01s. It., 508) at the last term. Tlie following are the facts as now found by the court: 1. The claimant was appointed by the President, with the advice and consent of the Senate, to the following offices in the Army: Second lieutenant, March 29, 1848; first lieutenant, July 7, 1853; captain, May 14, 1801; major, January 20, 1805, receiving the following commission, which lie held, and under which he served, until honorably mustered out January 1,1871, in accordance with the…

1Opinion of the CourtRichardson, J.

This case was submitted to the court at a former term upon demurrer, presenting the single point whether or not the President was authorized by the act of March 3, 1879, chapter 201, *30and under tbe provisions of the Constitution, to reinstate the claimant in the Army without the further advice and consent •of the Senate. We held that he had such right, and that his order of March 8, 1879, set forth in the second finding, was a valid reappointment and reinstatement of the claimant as contemplated by said act (14 C. Cls. R., 508). After reargument by the parties, and upon further consideraton,…

2Cases cited6 opinions

  1. Ex Parte EastonSupreme Court of the United States · 1877
  2. Converse v. United StatesSupreme Court of the United States · 1859
  3. Collins v. United StatesUnited States Court of Claims · 1878
  4. Graham v. United StatesUnited States Court of Claims · 1865
  5. Murphy v. United StatesUnited States Court of Claims · 1878

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3Cited by42 opinions

  1. Lovett v. United StatesUnited States Court of Claims · 1945
  2. Gibney v. United StatesUnited States Court of Claims · 1949
  3. National Ass'n of Regional Councils v. CostleCourt of Appeals for the D.C. Circuit · 1977
  4. National Association Of Regional Councils v. Douglas M. CostleCourt of Appeals for the D.C. Circuit · 1977
  5. Strong v. United StatesUnited States Court of Claims · 1925

37 more not listed; retrieve them via the Exa API.

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