Hurley v. Shanley

HITZ, Associate Justice.

This is an appeal from a decree of the Supreme Court of the District of Columbia granting a motion of the plaintiff below to strike out the answer of the Secretary of War, as defendant below, to a petition praying that the Secretary be enjoined from further stopping the pay of plaintiff as an Army officer, and that by a mandatory injunction he be compelled to order the return of sums theretofore withheld.

The defendant having elected to stand on his answer, the decree granted the relief prayed by the bill.

The plaintiff was a captain in the Quartermaster Corps, and while…