Legal Opinion

Acker v. United States

United States Court of Claims

Decided January 16, 1911No. Congressional, 14248-458PublishedCited by 1 opinion

The Reporters’ Statement of the case: The facts of the case sufficiently appear in the following statement and in the opinion of the court: This is a claim for pay due John W. Acker for service as first lieutenant, Fifty-second Illinois Volunteer Infantry, between October 24, 1864, and December 17, 1864, growing out of the fact that he performed all of the duties of said grade under the appointment or commission from the proper authority; that said claim was duly presented…

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The Reporters’ Statement of the case: The facts of the case sufficiently appear in the following statement and in the opinion of the court: This is a claim for pay due John W. Acker for service as first lieutenant, Fifty-second Illinois Volunteer Infantry, between October 24, 1864, and December 17, 1864, growing out of the fact that he performed all of the duties of said grade under the appointment or commission from the proper authority; that said claim was duly presented to the War Department and the proper accounting officers of the Treasury, but denied because of the prohibition of the…

1Opinion of the CourtAtkinson, J.

This case is one of a class known as “ back paj1- and bounty cases ” which comes to the court by a resolution of the United States Senate referring Senate bill 9501, Sixtieth Congress, second session, for investigation and determination of facts under the fourteenth section of the act of March 3,1887 (25 Stats., 505), commonly known as the “Tucker Act.” Said bill is set out in full in claimant’s petition, with the exception that only claimant’s name appears therein when in fact a large number of other like beneficiaries are also named.

The claimant was, he alleges, commissioned by the governor…

2Cited by1 opinion

  1. Byerly v. United StatesUnited States Court of Claims · 1923

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