Embry v. United States
Supreme Court of the United States
Appeal from the Court of Claims. This was a suit in the court below by Bowling Embry-to recover $4,644.75 as the amount of salary claimed to be due him as deputy postmaster at Nashville, Tenn., from May 27, 1869, to July 25, 1870. The court found the following facts: — 1. On the 20th of April, 1867, the claimant was appointed by the President of the United States, by and with the advice and consent of the Senate, deputy postmaster at Nashville, in the State of Tennessee, for…
Read the full summary
Appeal from the Court of Claims. This was a suit in the court below by Bowling Embry-to recover $4,644.75 as the amount of salary claimed to be due him as deputy postmaster at Nashville, Tenn., from May 27, 1869, to July 25, 1870. The court found the following facts: — 1. On the 20th of April, 1867, the claimant was appointed by the President of the United States, by and with the advice and consent of the Senate, deputy postmaster at Nashville, in the State of Tennessee, for the term of four years from that day, and the commission issued to him was in the following words: — “ Andrew Johnson,…
1Opinion of the CourtChief Justice Waite
By the tenure-of-office apt, passed March 2, 1867 (14 Stat. 430), it was enacted that every person appointed to a civil office by and with the advice and consent of the Senate should hold his office until his successor should be in like manner appointed and duly' qualified, except as therein otherwise provided; but the President was authorized during the recess of the Senate to suspend an officer for misconduct, crime, or incapacity. In case of suspension, the President could designate some suitable person to perform temporarily the duties of the office until the matter should be acted on by…
2Cases cited1 opinion
- United States v. McLeanSupreme Court of the United States · 1878
3Cited by16 opinions
- United States v. McDonaldSupreme Court of the United States · 1888
- Hatter v. United StatesUnited States Court of Federal Claims · 1994
- Romero v. United StatesUnited States Court of Claims · 1889
- Emmons v. United StatesUnited States Court of Claims · 1927
- Motions Systems Corp. v. BushCourt of Appeals for the Federal Circuit · 2006
11 more not listed; retrieve them via the Exa API.