Hunt v. United States
United States Court of Claims
On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant was enrolled as colonel of the First Ohio Volunteer Infantry on April 26, 1898, and was mustered into the military service of the United States in the war with Spain on May 6, 1898. He remained attached to said organization as colonel thereof, except for the periods from May 26 to 29, and from August 28 to September 11,1898, when he exercised…
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On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant was enrolled as colonel of the First Ohio Volunteer Infantry on April 26, 1898, and was mustered into the military service of the United States in the war with Spain on May 6, 1898. He remained attached to said organization as colonel thereof, except for the periods from May 26 to 29, and from August 28 to September 11,1898, when he exercised the command of brigade commander, for which higher command he was paid as of the proper rank, serving within the limits of…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
Prior to the war with Spain it had been the invariable practice of the War Department (as the court understands) to order a regiment of volunteers, whose services were no longer needed at the close of the war, to the place of enrollment, then and there to be mustered out of service. It has *709also been the invariable policy of Congress to allow to volunteer troops after th.eir discharge one, two, or three months’ extra pay. (Emory’’s ease, 19 C. Cls. R., 254.)
At the close of the war with Spain the War Department instituted an entirely new policy.…
2Cases cited1 opinion
- Emory v. United StatesUnited States Court of Claims · 1884
3Cited by7 opinions
- Althea G. Williams v. United StatesCourt of Appeals for the Ninth Circuit · 1957
- Singles v. United StatesUnited States Court of Claims · 1926
- Mason & Dixon Lines v. ShoreDistrict Court, E.D. Tennessee · 1975
- Anderson v. United StatesUnited States Court of Claims · 1904
- Mitchell v. United StatesUnited States Court of Claims · 1905
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