United States v. Gilmore
Supreme Court of the United States
This was an appeal from the Court of Claims, in which court a suit was instituted by Gilmore, an ex-colonel of the army, for a sum alleged to be due him as allowance for servants’ pay, beyond the sum actually allowed him for that purpose by the Comptroller of the Treasury, in settlement of his accounts; Gilmore claiming the same sum (|16) per month for such pay, as was allowed by act of Congress of June 20th, 1864, to private soldiers, and the Comptroller of the Treasury…
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This was an appeal from the Court of Claims, in which court a suit was instituted by Gilmore, an ex-colonel of the army, for a sum alleged to be due him as allowance for servants’ pay, beyond the sum actually allowed him for that purpose by the Comptroller of the Treasury, in settlement of his accounts; Gilmore claiming the same sum (|16) per month for such pay, as was allowed by act of Congress of June 20th, 1864, to private soldiers, and the Comptroller of the Treasury considering that under acts of Congress, regulating the matter, he was not entitled to so large a sum. Judgment was given…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court. It was for many years the practice in the army to detail enlisted men as personal servants of officers, and the practice had the sanction of law.
In 1812, with a view undoubtedly to the discouragement of this practice, it was provided by the act of July 6th, * that “ officers who shall not take waiters from the line of the army shall.receive the pay, clothing, and subsistence allowmd to a private soldier, for as many waiters as they may actually keep, not exceeding the number allowed by existing regulations.”
In 1816, the practice was…
2Cited by15 opinions
- Johnson v. MorrisWashington Supreme Court · 1976
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- United States v. HillSupreme Court of the United States · 1887
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Westbrook v. MillerMichigan Supreme Court · 1885
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