Mitchell v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are tire facts of the case as found by the court: I. The claimant, Donn C. Mitchell, was enrolled in the Volunteer Army, during the Spanish war, as second lieutenant of Troop E, First Ohio Volunteer Cavalry, on the 3d day of May, 1898. He served in the grade of second lieutenant until promoted to first lieutenant October 20, 1898. He was mustered out as first lieutenant October 23, 1898. His entire service was within the…
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The Reporters’ statement of the case: The following are tire facts of the case as found by the court: I. The claimant, Donn C. Mitchell, was enrolled in the Volunteer Army, during the Spanish war, as second lieutenant of Troop E, First Ohio Volunteer Cavalry, on the 3d day of May, 1898. He served in the grade of second lieutenant until promoted to first lieutenant October 20, 1898. He was mustered out as first lieutenant October 23, 1898. His entire service was within the limits of the United States. II. While on duty as second lieutenant of the First Ohio Volunteer Cavalry at Huntsville,…
1Opinion of the CourtHowet, J.
This is one of a class of cases awaiting the decision of the court in the Treasury Department. The questions presented *41affect many army and navy officers in the service during the late war with Spain, and will continue to affect all officers in the military and naval service in time of war where the officer serving with troops operating against an enemy shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to the grade of such officer, unless the statute which is claimed to confer rights now claimed be in the meantime repealed.
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2Cases cited7 opinions
- United States v. MooreSupreme Court of the United States · 1878
- Hunt v. United StatesUnited States Court of Claims · 1903
- Humphreys v. United StatesUnited States Court of Claims · 1903
- Glenn v. United StatesUnited States Court of Claims · 1902
- Magurn v. United StatesUnited States Court of Claims · 1904
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