Legal Opinion

United States v. Lynch

Supreme Court of the United States

Decided December 8, 1890No. 1195PublishedCited by 36 opinions

ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. On the 6th day of December, 1889, R. Mason Lisle filed a petition for a writ of mandamus in the Supreme Court of the District of Columbia against John R. Lynch, Fourth Auditor, and Benjamin F. Gilkeson,- Second Comptroller, of the Treasury of the United States, and their successors, in the name of the United States, upon his relation, couched in these words: “ 1. The petitioner avers that he was an officer of the Navy…

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ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. On the 6th day of December, 1889, R. Mason Lisle filed a petition for a writ of mandamus in the Supreme Court of the District of Columbia against John R. Lynch, Fourth Auditor, and Benjamin F. Gilkeson,- Second Comptroller, of the Treasury of the United States, and their successors, in the name of the United States, upon his relation, couched in these words: “ 1. The petitioner avers that he was an officer of the Navy from March 19, 1872, to May 6, 1872, of the rank of lieutenant; that on March 19, 1872, he was ordered by his superior…

1Opinion of the CourtChief Justice Fuller

As the matter in dispute does not reach the jurisdictional sum or value, it is contended that this court has jurisdiction to entertain the writ of error because “ the validity of an authority exercised under the United States” was drawn in question in the case. 23 Stat. 443, c. 355.

The claim of the relator arises under the last clause of section 2 of the act of March 3, 1835, entitled “ An Act to Regulate the Pay of the Navy of the United States,” 4 Stat. 755, 757, c. 27, which reads: “ It is hereby expressly declared that the yearly allowance provided in this act is all the pay,…

2Cases cited10 opinions

  1. Decatur v. PauldingSupreme Court of the United States · 1840
  2. United States ex rel. Dunlap v. Black, Commissioner of PensionsSupreme Court of the United States · 1888
  3. United States v. GrahamSupreme Court of the United States · 1884
  4. United States v. TempleSupreme Court of the United States · 1882
  5. Baltimore & Potomac Railroad v. HopkinsSupreme Court of the United States · 1889

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3Cited by36 opinions

  1. New Mexico Ex Rel. E. J. McLean & Co. v. Denver & Rio Grande RailroadSupreme Court of the United States · 1906
  2. Hammond v. HullCourt of Appeals for the D.C. Circuit · 1942
  3. Lovett, Creek County Com'rs v. LankfordSupreme Court of Oklahoma · 1914
  4. South Carolina v. SeymourSupreme Court of the United States · 1894
  5. Cook County v. Calumet & Chicago Canal & Dock Co.Supreme Court of the United States · 1891

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