Sherburne's Administrator v. United States
United States Court of Claims
The Reporters' statement of tbe case: The following are the facts of this case as found by the court: I. John P. Sherburne, the original claimant, was appointed second lieutenant in the First Infantry, July 24, 1856 ; first lieutenant in the same regiment, to rank from April 8, 1861 ; captain in the Nineteenth Infantry, to rank from October 24, 1861; and major and assistant adjutant-general, to rank from July 18, 1862, and served as such until mustered out at Washington, D.…
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The Reporters' statement of tbe case: The following are the facts of this case as found by the court: I. John P. Sherburne, the original claimant, was appointed second lieutenant in the First Infantry, July 24, 1856 ; first lieutenant in the same regiment, to rank from April 8, 1861 ; captain in the Nineteenth Infantry, to rank from October 24, 1861; and major and assistant adjutant-general, to rank from July 18, 1862, and served as such until mustered out at Washington, D. C., December 28, 1870. II. He was mustered out of the service by direction of “the President, on the recommendation of…
1Opinion of the Court
jSTott, J.,
delivered the opinion of the court:
The question in this case is whether certain officers mustered out of the service under the Army reduction of 1870 are entitled to commutation for traveling expenses from the place of discharge to the place of enlistment. It is conceded that some officers, those who come within the provisions of sections 3 and 12 of the Act 1870, are so entitled. It is contended that •those who wore mustered out by virtue of the provisions of section 11 are not so entitled. The distinction which has been made rests upon the fact that section 11 of the act (under…
2Cited by14 opinions
- Jones v. United StatesUnited States Court of Claims · 1925
- Waller v. United StatesCourt of Appeals for the D.C. Circuit · 1950
- Sterrett v. SterrettCourt of Appeals of Texas · 1950
- Irwin v. United StatesUnited States Court of Claims · 1903
- United States v. Maud L. ElferCourt of Appeals for the Ninth Circuit · 1957
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