Rutherford v. United States
United States Court of Claims
This is an action to recover pay as a retired chief engineer in the Navy, involving the construction of Revised Statutes, §§ 1556,1588. The following are the facts found by the court: I. Claimant entered the Navy September 22,1849, and was commissioned chief engineer August 12,1861. II.
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This is an action to recover pay as a retired chief engineer in the Navy, involving the construction of Revised Statutes, §§ 1556,1588. The following are the facts found by the court: I. Claimant entered the Navy September 22,1849, and was commissioned chief engineer August 12,1861. II. He was placed on the retired list as a chief engineer October 26, 1874, for disability originating in the line of duty, and has ever since been borne on said list in said grade or rank of chief engineer. III. Since July 1, 1875, he has been paid at the rate of $2,625 per annum. 1. The law governing this case…
1Opinion of the Court 1
OPINION.
2Opinion of the Court · ScofieldScofield, J.
The claimant, after serving thirteen years as chief engineer on the active list of the Navy, in consequence of disability originating in the line of duty was placed upon the retired list.
The question is as to the amount of his retired pay.
By the accounting officers of the Treasury he was 75 per cent, of his own sea-pay at the time of his retirement, but he thinks that he is entitled to 75 per cent, of the sea-pay of a ehief engineer who has served as such more than twenty years. It makes a difference of $525 a year.
The law of the case is embraced in the following the Revised Statutes:
S…
3Cited by1 opinion
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