Legal Opinion

Bennett v. United States

United States Court of Claims

Decided April 7, 1884No. 13992PublishedCited by 11 opinions

The Reporters’ statement of the case :' This case was transmitted to the court by the Secretary of the Treasury under Revised Statutes, § 1063. The following are the orders of the President referred to in the opinion and the resignation of the claimant: “ Fort Laramie, D. T., September 18,1866. ■ “General: I have the honor to tender herewith my immediate and unconditional resignation as a first lieutenant in the 18th Regiment U. S. Infantry, to take effect on the 15th day of…

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The Reporters’ statement of the case :' This case was transmitted to the court by the Secretary of the Treasury under Revised Statutes, § 1063. The following are the orders of the President referred to in the opinion and the resignation of the claimant: “ Fort Laramie, D. T., September 18,1866. ■ “General: I have the honor to tender herewith my immediate and unconditional resignation as a first lieutenant in the 18th Regiment U. S. Infantry, to take effect on the 15th day of October, 1866. “ My post-office address is Toledo, Ohio. “ I am, general, very respectfully, your obedient servant, “…

1Opinion of the CourtBichardson, J.

The claimant, an officer of the Army, sues to recover only the longevity pay allowed by law (now embraced in section 1262 of the Be vised Statutes) of 10 per centum of his current yearly pay for each term of five years’ service, according to the decision in Tyler’s Case, (16 C. Cls. R., 223, affirmed on appeal, 105 U. S. R., 244), over and above the amount already received by him, which was computed only on the yearly pay of his grade. With the pay he has received in other respects he is content.

He claims to have been continuously in the Army since April 29,1862. On behalf of the defendants…

2Cases cited7 opinions

  1. United States v. MooreSupreme Court of the United States · 1878
  2. McElrath v. United StatesSupreme Court of the United States · 1880
  3. United States v. TylerSupreme Court of the United States · 1882
  4. Mimmack v. United StatesSupreme Court of the United States · 1878
  5. McElrath v. United StatesUnited States Court of Claims · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Carroll v. United StatesUnited States Court of Claims · 1948
  2. Hulbert v. CraigNew York Supreme Court · 1925
  3. Romero v. United StatesUnited States Court of Claims · 1889
  4. Nippon Steel Corp. v. United States International Trade CommissionUnited States Court of International Trade · 2002
  5. Hoskin v. ResorDistrict Court, District of Columbia · 1971

6 more not listed; retrieve them via the Exa API.

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