Legal Opinion

Phisterer v. United States

Supreme Court of the United States

Decided July 1, 1877PublishedCited by 1 opinion

The Reporters’ statement of the case: This case with several others was submitted in order to present a number of disputed points relating to officers’ pay and allowances to the Supreme Court. No opinion was delivered in the court below. Ghilson’s Gcise (11 C. Ols.

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The Reporters’ statement of the case: This case with several others was submitted in order to present a number of disputed points relating to officers’ pay and allowances to the Supreme Court. No opinion was delivered in the court below. Ghilson’s Gcise (11 C. Ols. B., 691) is one of the cases nowdecided, but the point now determined was not considered in the court below, viz, that an officer at his home awaiting orders, though entitled to full pay as if on actual duty, nevertheless is not technically at h “ station without troops,” and therefore is not entitled to quarters and fuel. The…

1Opinion of the CourtJustice Hunt

The present case is one of a class of which several are now pending in this court, and many more it is understood are before the Court of Claims.

The claimant was a captain of infantry in the United States Army, and on the 7th day of January, 1870, by special order from the Adjutant-General’s Office, at his own request, was *105ordered home to await orders. This was done by virtue of the Consolidating Act of March 3, 1869. The claimant proceeded from Fort Bridger, Wyoming Territory, where he then was, to his home in New York City. On the 28th of February, 1870, he reported as waiting orders at…

2Cited by1 opinion

  1. Lippitt v. United StatesUnited States Court of Claims · 1878

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