Legal Opinion

Walsh v. United States

United States Court of Claims

Decided February 25, 1908No. 24805PublishedCited by 14 opinions

The Reporters'’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, Harry Walsh, was in the military service of the United States as captain in the Forty-seventh Regiment Infantry, U. S. Volunteers, from on or about August 17, 1899, to on or about July 2, 1901. II.

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The Reporters'’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, Harry Walsh, was in the military service of the United States as captain in the Forty-seventh Regiment Infantry, U. S. Volunteers, from on or about August 17, 1899, to on or about July 2, 1901. II. On or about January 1, 1900, pursuant to orders from the commanding officer of his regiment, he left his station near Manila and reported, in arrest, to the headquarters of the First Division of the Eighth Army Corps, U. S. Army, at Manila, P. I., for trial by general…

1Opinion of the CourtAtkinson, J.

This suit involves the pay of plaintiff as captain of a company of United States Army Volunteers in the war with Spain, which pay was deducted by reason of the sentence of a general court-martial promulgated March 27, 1900. Also for commutation for quarters alleged to be due for the period plaintiff was detained under arrest pending said trial and conviction in the Philippine Islands. It is claimed that pay and commutation for quarters thus withheld should be allowed because of the illegality of the court-martial that found him guilty of the charges preferred against him.

Two questions are…

2Cases cited5 opinions

  1. McClaughry v. DemingSupreme Court of the United States · 1902
  2. Swaim v. United StatesSupreme Court of the United States · 1897
  3. United States v. BrownSupreme Court of the United States · 1907
  4. United States v. PhistererSupreme Court of the United States · 1877
  5. Smith v. United StatesUnited States Court of Claims · 1866

3Cited by14 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1961
  2. Ltc. John F. Mitchell v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  3. Todd A. Dock, Plaintiff/cross-Appellant v. United StatesCourt of Appeals for the Federal Circuit · 1995
  4. Dickenson v. United StatesUnited States Court of Claims · 1963
  5. Combs v. United StatesUnited States Court of Federal Claims · 2001

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