Legal Opinion

Alexander v. Mare

Court of Appeals for the First Circuit

Decided June 12, 1925No. Nos. 1841, 1842PublishedCited by 4 opinions

1Opinion of the Court

ANDERSON, Circuit Judge.

These two eases, heard together, are petitions for *965mandamus to compel disbursing officers to pay lieutenants in tbe navy sums admittedly due them for salary and allowances. The Comptroller General claims the right to collect, by way of set-off, alleged overpayments previously made these naval lieutenants for support of their dependents. To sustain this claim would manifestly make the Comptroller General judge, jury, and deputy marshal, armed with an execution in behalf of the United States. To withhold salaries would or might cripple the naval and army services. No…

2Cases cited5 opinions

  1. Smith v. JacksonSupreme Court of the United States · 1918
  2. Smith v. JacksonCourt of Appeals for the Fifth Circuit · 1917
  3. Cooper v. NelsonSupreme Court of Iowa · 1874
  4. Dillon v. GroosDistrict Court, N.D. Florida · 1924
  5. Howe v. ElliottDistrict Court, S.D. Florida · 1924

3Cited by4 opinions

  1. Hines v. United States Ex Rel. MarshCourt of Appeals for the D.C. Circuit · 1939
  2. McCarl v. PenceCourt of Appeals for the D.C. Circuit · 1927
  3. S. J. Groves & Sons Co. v. WarrenCourt of Appeals for the D.C. Circuit · 1943
  4. Burks v. United StatesDistrict Court, S.D. Texas · 1953

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