Heritage v. United States

This claim is presented by an officer of the Regular Army who sues to, recover on account of a dependent wife for the period from August 1, 1927, to March 31, 1929. The facts are not in dispute. The sole question for decision is — did plaintiff have a lawful wife for that period within the meaning of section 4 of the act of June 10, 1922. The pertinent part of this section provides:

“That the term ‘dependent’ * * * shall include at all times and in all places a lawful wife * *

The facts disclose that the plaintiff was granted a decree of absolute divorce by the Circuit Court of the Territory of…