Legal Opinion

Andrews v. United States

United States Court of Claims

Decided March 16, 1914No. 30785PublishedCited by 1 opinion

On the Proofs. The Ref otter’s statement of the case: The following are the facts of the case as found by the court: I. During the period for which this claim has been made the claimant was a captain in the Fifteenth Regiment of United States Cavalry, with a record of over 15 years’ service. II.

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On the Proofs. The Ref otter’s statement of the case: The following are the facts of the case as found by the court: I. During the period for which this claim has been made the claimant was a captain in the Fifteenth Regiment of United States Cavalry, with a record of over 15 years’ service. II. The claimant having accepted employment with a commercial company, was granted six months’ leave of absence, to take effect January 1,1907, by paragraph 2, Special Orders, No. 305, War Department, dated December 28, 1906, which leave was extended for four months, to take effect July 1, 1907, and to…

1Opinion of the Court

Per Curiam :

This case was reported in 47 C. Cls., 51, wherein the petition was dismissed, and the claimant now makes a motion for a new trial upon the ground of error of law.

The facts are undisputed, and as they briefly appear in the foregoing findings it is unnecessary to restate them here. It is only necessary to say that upon further and more mature consideration of the legal question involved we have come to the conclusion that an error was committed by the court upon the former trial, and that judgment should have been rendered in favor of the claimant. Glavey v. United States, 187 U.…

2Cases cited4 opinions

  1. Whiting v. United StatesUnited States Court of Claims · 1900
  2. Ayres v. PolsdorferSupreme Court of the United States · 1903
  3. Dyer v. United StatesUnited States Court of Claims · 1885
  4. Andrews v. United StatesUnited States Court of Claims · 1911

3Cited by1 opinion

  1. Katzer v. United StatesUnited States Court of Claims · 1917

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