In re Billings
United States Court of Claims
The Reporters' statement of the case. The matter of the stoppage of the pay of Major Billings was transmitted to the court by the Secretary of War May 25, 1887. The following are the facts as found by the court: I. John S. Billings, surgeon in the Army of the United States, still in office, received from the War Department orders, of which the following’ are copies : “[Special Orders ÍTo. 110.3 “Headquarters or the Army, “Adjutant-General’s Oeeioe, “ Washington, May 13,…
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The Reporters' statement of the case. The matter of the stoppage of the pay of Major Billings was transmitted to the court by the Secretary of War May 25, 1887. The following are the facts as found by the court: I. John S. Billings, surgeon in the Army of the United States, still in office, received from the War Department orders, of which the following’ are copies : “[Special Orders ÍTo. 110.3 “Headquarters or the Army, “Adjutant-General’s Oeeioe, “ Washington, May 13, 1881. “3. By direction of the Secretary of War Surgeon John S. Billings, U. S. Army, will proceed to London, England, as a…
1Opinion of the Court
Richardson, Ch. J.,
delivered the opinion of the court:
This case is before the court upon transmission by the Secretary of War, as specified in his letter of transmittal “for its action under section 1063 of the Revised Statutes of the United *173States, or under such other statute as the court may deem applicable.”
There are three acts of Congress by virtue of which the heads of Departments may transmit cases to this court, and they differ materially from each other. The first question, then, to be determined is, under which act the case is to be proceeded with. They are as follows :
“ Be vised…
2Cases cited10 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- United States v. MacDanielSupreme Court of the United States · 1833
- The Confiscation CasesSupreme Court of the United States · 1874
- United States v. JohnstonSupreme Court of the United States · 1888
- United States v. EliasonSupreme Court of the United States · 1842
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