Legal Opinion

United States v. Alexander

Supreme Court of the United States

Decided November 18, 1871PublishedCited by 26 opinions

Appeal from the Court of Claims, the ease being thus: On the 29th July, 1848, Congress enacted: “That the widows of all officers, non-commissioned officers, musicians, soldiers, mariners, or marines, and Indian spies, who shall have served in the Continental line, State troops, volunteers, militia, or in the naval service, in the Eevolutionary War with Great Britain, shall be entitled to a pension, during such widowhood, of an equal amount per annum that their husbands would…

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Appeal from the Court of Claims, the ease being thus: On the 29th July, 1848, Congress enacted: “That the widows of all officers, non-commissioned officers, musicians, soldiers, mariners, or marines, and Indian spies, who shall have served in the Continental line, State troops, volunteers, militia, or in the naval service, in the Eevolutionary War with Great Britain, shall be entitled to a pension, during such widowhood, of an equal amount per annum that their husbands would b'e entitled to, if living, under existing pension laws, to commence on the 4th day of March, 1848, and to be paid in…

1Opinion of the CourtJustice Strong

Whether.or not the Court of Claims has jurisdiction in a case such as the present, is a question which we do not pro pose now to determine, for we are of opinion that if that court had jurisdiction, it erred in giving judgment for the plaintiff/ Passing, then, to the merits of the case, it is clear that if the act of 1853 stood alone no widow could be entitled to a pension under it, commencing anterior to its passage. All statutes are to be construed as operating prospectively, unless a contrary intent appears beyond doubt. But it is said the act is to be construed with reference to the prior…

2Cited by26 opinions

  1. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  2. Fairbank v. United StatesSupreme Court of the United States · 1901
  3. Brown v. United StatesSupreme Court of the United States · 1885
  4. Schell's Executors v. FauchéSupreme Court of the United States · 1891
  5. Hahn v. United StatesSupreme Court of the United States · 1883

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