Blake v. United States
Supreme Court of the United States
Appeal from the Court of Claims. This suit was instituted in the Court of Claims, by Blake, to recover the amount claimed to'-be due him, by way of salary as a post-chaplain in the army, from April 28, 1869, to May 14, 1878. The court below found that, under date of Dec. 24, 1868, Blake, a post-chaplain in the army, stationed at Camp McDowell, Arizona, addressed to the Secretary of War a communication, in which he complained of unjust treatment to which, during several…
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Appeal from the Court of Claims. This suit was instituted in the Court of Claims, by Blake, to recover the amount claimed to'-be due him, by way of salary as a post-chaplain in the army, from April 28, 1869, to May 14, 1878. The court below found that, under date of Dec. 24, 1868, Blake, a post-chaplain in the army, stationed at Camp McDowell, Arizona, addressed to the Secretary of War a communication, in which he complained of unjust treatment to which, during several years, he had been subjected by various officers. He asked for the fullest and most thorough investigation of the facts, and…
1Opinion of the CourtJustice Hablan
The claim of Blake is placed upon the ground that before, at the date of, and after the letter addressed to the Secretary of War, which was treated as his resignation, he was insane in a sense that rendered him irresponsible for his acts, and consequently that his supposed' resignation was inoperative and did not have the effect to vacate his officé. Did the appointment of Gilmore, by and with the advice and consent of the Senate, to the post-chaplaincy held by Blake, operate, proprio vigore, to discharge the latter from the service, and invest the former with the rights and privileges…
2Cases cited1 opinion
- Mimmack v. United StatesSupreme Court of the United States · 1878
3Cited by93 opinions
- Myers v. United StatesSupreme Court of the United States · 1926
- Friedman v. United StatesUnited States Court of Claims · 1962
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- Runkle v. United StatesSupreme Court of the United States · 1887
- Shurtleff v. United StatesSupreme Court of the United States · 1903
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