Sleigh v. United States
United States Court of Claims
The Reporters' statement of tlie case: In this case the court found the facts to be as follows : From the 17th of July, 1865, to the 1st of August, 1867, the claimant was a clerk of the third class in the Treasury Department. For one hundred and twenty-two days prior to June 1,1867, he was, mainly from sickness, absent from his desk and place of duty in the Department; for all of which time he was paid his salary in full.
Read the full summary
The Reporters' statement of tlie case: In this case the court found the facts to be as follows : From the 17th of July, 1865, to the 1st of August, 1867, the claimant was a clerk of the third class in the Treasury Department. For one hundred and twenty-two days prior to June 1,1867, he was, mainly from sickness, absent from his desk and place of duty in the Department; for all of which time he was paid his salary in full. He was further absent from June 1, 1867, to and including July 31, 1867, for which time he received no pay. On the 27th of May, 1867, at Harmar, Ohio, he wrote to the…
1Opinion of the Court
Drake, Ch. J.,
delivered the opinion of the court:
The incumbent of an office is, prima facie entitled to the lawful compensation thereof so long as he holds the office, though he may be disabled by disease or bodily injury from performing its duties. If it be an office held at the will of the appointing power, and that power does not see fit to-have the compensation go on while the incumbent is so disabled, the only remedy, in the absence of express law or regulation authorizing the stoppage of the compensation during the disability, is to remove the incumbent and so end his right to…
2Cited by7 opinions
- Adams v. United StatesUnited States Court of Claims · 1885
- O'Hara v. City of New YorkNew York Supreme Court · 1900
- Dodge v. United StatesUnited States Court of Claims · 1897
- Authority to Employ White House Office Personnel Exempt From the Annual and Sick Leave Act Under 5 U.S.C. § 6301(2)(x) and (xi) During an Appropriations Lapse, Department of Justice Office of Legal Counsel2011
- Authority to Employ White House Officials Exempt from Annual and Sick Leave Act During Appropriations Lapse, Department of Justice Office of Legal Counsel2011
2 more not listed; retrieve them via the Exa API.