Legal Opinion

Montgomery v. United States

United States Court of Claims

Decided April 7, 1884No. 14035PublishedCited by 2 opinions

The Reporters' statement of the case: This case was transmitted to the court by the Secretary of the Treasury under the Revised Statutes, § 1063. The following are the orders of dismissal and revocation, the remaining facts of the case being fully set forth in the opinion of the court: [Special Orders No. 516. — Extract.] “War Department, “Adjutant-General’s Oeeice, “ Washington, November 20, 1863. #####*# “ 8. By direction of the President the following officers are hereby…

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The Reporters' statement of the case: This case was transmitted to the court by the Secretary of the Treasury under the Revised Statutes, § 1063. The following are the orders of dismissal and revocation, the remaining facts of the case being fully set forth in the opinion of the court: [Special Orders No. 516. — Extract.] “War Department, “Adjutant-General’s Oeeice, “ Washington, November 20, 1863. #####*# “ 8. By direction of the President the following officers are hereby dismissed the service of the United States, to date, November 1, 1863, for leaving their command while it was on picket…

1Opinion of the Court

Scofield, <7.,

delivered the opinion of the court:

The claimant, a captain in the Fifth United States Cavalry, presented his claim to the Treasury Department for the increase of longevity pay supposed to be due him under the rule in Tyler's Case (105 U. S. R., 244). The claim was referred to this court by the Secretary of the Treasury, in accordance with the-provision of section 1063 of the Revised Statutes.

*373It appears from the findings that the claimant served in the Army, as an enlisted man, from August 6, 1860, to December 16, 1862.

December 17,1862, he accepted 'an appointment as second…

2Cases cited4 opinions

  1. McElrath v. United StatesSupreme Court of the United States · 1880
  2. Blake v. United StatesSupreme Court of the United States · 1881
  3. United States v. TylerSupreme Court of the United States · 1882
  4. Mimmack v. United StatesSupreme Court of the United States · 1878

3Cited by2 opinions

  1. Royer v. United StatesUnited States Court of Claims · 1924
  2. Beeman v. United StatesUnited States Court of Claims · 1928

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