Nicholas v. United States
United States Court of Claims
The Reporter’s statement of the case: Plaintiff’s removal was an absolute nullity, being unlawful, invalid and of no force and effect, and contrary to civil service Rule XII, section 2, as amended by Executive Order of February 8, 1912, to articles 1385 and 1386 of the Customs Laws and Regulations of 1908, and to section 6 of the act of August 24,1912, 37 Stat., 555. United States v. Wichersham, 201 U. S., 390; Perlcins v. United States, 20 C. Cls., 438; 116 U. S., 483;…
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The Reporter’s statement of the case: Plaintiff’s removal was an absolute nullity, being unlawful, invalid and of no force and effect, and contrary to civil service Rule XII, section 2, as amended by Executive Order of February 8, 1912, to articles 1385 and 1386 of the Customs Laws and Regulations of 1908, and to section 6 of the act of August 24,1912, 37 Stat., 555. United States v. Wichersham, 201 U. S., 390; Perlcins v. United States, 20 C. Cls., 438; 116 U. S., 483; United States ex rel Newcomer v. Postmaster, 221 Fed., 687; People ex rel Keech v. Thompson, 94 N. Y., 459; People ex rel…
1Opinion of the CourtHat, Judge
Both the plaintiff and defendants have discussed in their briefs the question of the legality of the removal from office of the plaintiff and the effect and meaning of section 6 of the act of August 24, 1912. We do not deem it necessary to pass upon those questions in view of the fact that the plaintiff has failed to show affirmatively his willingness and ability to discharge the duties of the office in question from the date of his removal therefrom down to the present time. If it should be held that the plaintiff was illegally removed from the office which he held, still in order that he…
2Cases cited3 opinions
- United States v. WickershamSupreme Court of the United States · 1906
- Miller v. United StatesUnited States Court of Claims · 1910
- Perkins v. United StatesUnited States Court of Claims · 1885
3Cited by4 opinions
- Floyd E. Washington v. Dale C. Cameron, Superintendent, St. Elizabeth's HospitalCourt of Appeals for the D.C. Circuit · 1969
- Everett v. United StatesUnited States Court of Claims · 1965
- Joe B. Everett v. The United StatesUnited States Court of Claims · 1965
- Cunningham v. United StatesUnited States Court of Claims · 1977