Legal Opinion

Upton v. United States

United States Court of Claims

Decided January 7, 1884No. 13832PublishedCited by 3 opinions

The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The amount in controversy being less than $3,000, no findings were filed, but the facts will be found stated in the opinion of the court. Every one of the appropriation acts referred to were declared to be “in full compensation for the service” of the several years for which they were enacted. The claimant was appointed to the office of chief clerk and nothing else.

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The Reporters’ statement of the case: This case the claimant brought by the voluntary filing of his petition. The amount in controversy being less than $3,000, no findings were filed, but the facts will be found stated in the opinion of the court. Every one of the appropriation acts referred to were declared to be “in full compensation for the service” of the several years for which they were enacted. The claimant was appointed to the office of chief clerk and nothing else. He held no other office during the time in question. He was never appointed to any other. His receipts for his salary as…

1Opinion of the Court

Nott, J.,

delivered the opinion of.the court:

This is an action brought by the chief clerk of the Treasury Department to recover his salary as superintendent of the Treasury building from May 1, 1877, to March 31,1880. The right to recover depends upon the construction to be given to a statute, and that question of construction is the only point involved in the case.

The Eevised Statutes, section 35, provide :

“ There shall be in the Department of the Treasury:
“ One chief clerk, at a salary of two thousand two hundred dollars a year, who shall act as superintendent of the Treasury building, and…

2Cases cited2 opinions

  1. Collins v. United StatesUnited States Court of Claims · 1879
  2. Graham v. United StatesUnited States Court of Claims · 1865

3Cited by3 opinions

  1. Allen v. OliverSupreme Court of Oklahoma · 1911
  2. Dyer v. United StatesUnited States Court of Claims · 1885
  3. Standard Steel Car Co. v. United StatesUnited States Court of Claims · 1925

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