Duryea v. United States
United States Court of Claims
The Reporters’ statement of the case: Tlie following are the facts of this case as found by the court: I. On the 2Gth of December, A. D. 1801, the claimant was duly appointed captain in the First Begin)ent of Artillery, in the service of the United States, to rank as such from the 14th day of May, 1801, and so continued until mustered out. as hereinafter set forth. II.
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The Reporters’ statement of the case: Tlie following are the facts of this case as found by the court: I. On the 2Gth of December, A. D. 1801, the claimant was duly appointed captain in the First Begin)ent of Artillery, in the service of the United States, to rank as such from the 14th day of May, 1801, and so continued until mustered out. as hereinafter set forth. II. On the 5th of October, 1870, the following special order was issued: “ WAR DEPARTMENT, ■“Adjutant-General’s Oeeice, “ Washington, Oet. 5, 1879. “I. Under .section 11 of the act of Congress approved July 15, 1870, a board to…
1Opinion of the CourtRichardson, J.
After the suppression of the rebellion it became necessary, in the opinion of Congress, to reduce the number of officers of *35the Army. It was a difficult and delicate duty. To distinguish between the merits and disqualifications of different officers was no easy task, and whatever course might be taken, it. would unavoidably happen that some meritorious officers, who had served their country honorably and faithfully in its hour of trial in time of war, might be discharged.
To meet the necessities of the case as best they could, Congress inserted the following' sections in Army appropriation act…
2Cases cited3 opinions
- Blake v. United StatesSupreme Court of the United States · 1881
- Sherburne's Administrator v. United StatesUnited States Court of Claims · 1880
- Hildeburn v. United StatesUnited States Court of Claims · 1877