Dodge v. United States
United States Court of Claims
The Reporters'1 statement of the case: The facts of this case are set forth in the opinion of the court. No findings of fact were filed.
Read the full summary
The Reporters'1 statement of the case: The facts of this case are set forth in the opinion of the court. No findings of fact were filed. Even were it granted that absence without leave could have the effect of forfeiture of pay without a forfeiture being adjudged and declared by a sentence of court-martial, of which there can be no pretense in this case, yet the fact remains that during the greater portion of the time for which the pay is now claimed his absence was due wholly to his arrest and confinement by civil authority on a crimiual charge, and was in no sense his voluntary act. Under…
1Opinion of the Court
Howry, J.,
delivered tbe opinion of tbe court:
Tbe foundation of tbe claim before tbe court is made to depend entirely upon tbe status of tbe claimant during tbe time hereinafter set forth and tbe supposed obligation of tbe Government to pay him tbe salary attached to bis office and held by him during said time, and in no sense relates to the actual performance of any service or military duty which tbe claimant might have rendered or was excused from rendering by reason of absence according to tbe facts hereinafter set forth.
Tbe record shows that claimant was an officer of tbe Army with tbe…
2Cases cited5 opinions
- United States v. LandersSupreme Court of the United States · 1876
- Sleigh v. United StatesUnited States Court of Claims · 1873
- United States v. KingsleySupreme Court of the United States · 1891
- In re SmithUnited States Court of Claims · 1888
- Reinhard v. United StatesUnited States Court of Claims · 1874
3Cited by3 opinions
- Bell v. United StatesSupreme Court of the United States · 1961
- Switkes v. United StatesUnited States Court of Claims · 1973
- White v. United StatesUnited States Court of Claims · 1931