Quackenbush v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. This was an appeal from a judgmeñt of the Court of Claims dismissing the petition of claimant and the counter-claim of de-. fendants in the above entitled cause. 38 C. Cl. 355. The petition was filed December 11, 1897, and sought recovery for amounts alleged to be due from the Government “ from the 1st day of August, 1883, until the first day of June, 1895, at the rate of $2300 per annum, being the leave or waiting orders pay as prescribed by…
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APPEAL PROM THE COURT OP CLAIMS. This was an appeal from a judgmeñt of the Court of Claims dismissing the petition of claimant and the counter-claim of de-. fendants in the above entitled cause. 38 C. Cl. 355. The petition was filed December 11, 1897, and sought recovery for amounts alleged to be due from the Government “ from the 1st day of August, 1883, until the first day of June, 1895, at the rate of $2300 per annum, being the leave or waiting orders pay as prescribed by law for the grade or rank of commander, and from the 1st day of June, 1895, to the 26th day of May, 1897, at the rate…
1Opinion of the CourtChief Justice Fuller
In Blake v. United States, 103 U. S. 227, it was held that the President has power, by and with the advice and consent of the Senate, to displace an officer in the army or navy by the appointment of another person in his place, and that when that has been done he cannot again become an officer except upon a new appointment with like advice and consent. The ruling has been repeatedly affirmed and followed. Keyes v. United States, 109 U. S. 336; Mullan v. United States, 140 U. S. 240. And see Parsons v. United States, 167 U. S. 324.
When through mistake, or misapprehension, or for any other…
2Cases cited4 opinions
- Parsons v. United StatesSupreme Court of the United States · 1897
- Blake v. United StatesSupreme Court of the United States · 1881
- Mullan v. United StatesSupreme Court of the United States · 1891
- Keyes v. United StatesSupreme Court of the United States · 1883
3Cited by15 opinions
- Bryan v. SpeakmanCourt of Appeals for the Fifth Circuit · 1931
- Wallace v. United StatesSupreme Court of the United States · 1922
- United States v. MullendoreCourt of Appeals for the Eighth Circuit · 1929
- United States v. Wilson, VictoriaCourt of Appeals for the D.C. Circuit · 2002
- Bailey v. Texas Co.District Court, E.D. New York · 1929
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