Miller v. United States
United States Court of Claims
The Reporters’ statement of the case: This case was transmitted to this court by the Secretary of the Treasury under the provision of the Bevised Statutes, § 1063. The following are the facts as found by the court: I! Octpber 20,1861, claimant was duly appointed a second lieutenant in the Army, and was on the 18th of November, 1861, promoted to the rank of first lieutenant in- the Army, to také effect from the 20'th of October, 1861. ill.
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The Reporters’ statement of the case: This case was transmitted to this court by the Secretary of the Treasury under the provision of the Bevised Statutes, § 1063. The following are the facts as found by the court: I! Octpber 20,1861, claimant was duly appointed a second lieutenant in the Army, and was on the 18th of November, 1861, promoted to the rank of first lieutenant in- the Army, to také effect from the 20'th of October, 1861. ill. By a.special order dated September 21,1867, a board'to retire disabled Army officers was directed to convene at New York on the 27th-of September,:or as…
1Opinion of the CourtWeldon, J.
The controversy in this case involves the question whether the President, after directing that an officer of the Army u be wholly retired from the service with one year’s pay and allowance,” upon the report of a retiring board, that the officer is incapacitated for active service, and that the incapacity resulted from sickness not incident to the service; and after the appointment of his successor, by and with the advice and consent of the Senate, can order a rehearing, and upon a similar report change the legal status of the person and place his name on the list of retired officers. ■
It is…
2Cases cited8 opinions
- McElrath v. United StatesSupreme Court of the United States · 1880
- Blake v. United StatesSupreme Court of the United States · 1881
- Mimmack v. United StatesSupreme Court of the United States · 1878
- McElrath v. United StatesUnited States Court of Claims · 1876
- Corson v. United StatesUnited States Court of Claims · 1881
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3Cited by7 opinions
- Hillborn v. United StatesUnited States Court of Claims · 1892
- Royer v. United StatesUnited States Court of Claims · 1924
- Barnes v. United StatesUnited States Court of Federal Claims · 2005
- Foote v. United StatesUnited States Court of Claims · 1888
- Spencer v. United StatesUnited States Court of Claims · 1952
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