Legal Opinion

Parsons v. United States

Supreme Court of the United States

Decided May 24, 1897No. 270PublishedCited by 126 opinions

APPEAL FROM THE COURT OF CLAIMS. The appellant, on the 4th day of December, 1894, filed in the Court of Claims an amended petition, in which he alleged that on the 4th of February, 1890, after his nomination and confirmation, he was duly appointed, qualified and commissioned for the term of four years as attorney for the United States for the Northern District of Alabama, and also to act as such for the Middle District of Alabama; that thereupon he entered upon the discharge…

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APPEAL FROM THE COURT OF CLAIMS. The appellant, on the 4th day of December, 1894, filed in the Court of Claims an amended petition, in which he alleged that on the 4th of February, 1890, after his nomination and confirmation, he was duly appointed, qualified and commissioned for the term of four years as attorney for the United States for the Northern District of Alabama, and also to act as such for the Middle District of Alabama; that thereupon he entered upon the discharge of the duties of his. office; that he never resigned the same, and that he then resided, and has continued to reside,…

1Opinion of the CourtJustice Peckham

The question here presented is whether the President of the United States has power to remove a district attorney, who had been duly appointed, when such removal occurs within the period of four years from the date of his appointment, and to appoint a successor to that, officer by and with the advice and consent of the Senate. The appellant in this case claims that, the President has no such power, and that by virtue of the appointment of appellant to the office of district attorney in February, 1890, he was entitled to hold that office for four years from that date, and to receive the…

2Cases cited5 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
  3. McAllister v. United StatesSupreme Court of the United States · 1891
  4. Blake v. United StatesSupreme Court of the United States · 1881
  5. STAFFORD ET UX. v. Union Bank of LouisianaSupreme Court of the United States · 1855

3Cited by126 opinions

  1. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  2. Sampson v. MurraySupreme Court of the United States · 1974
  3. Myers v. United StatesSupreme Court of the United States · 1926
  4. Seila Law LLC v. Consumer Financial Protection BureauSupreme Court of the United States · 2020
  5. Keim v. United StatesSupreme Court of the United States · 1900

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