Legal Opinion

Rich v. United States

United States Court of Claims

Decided January 10, 1898No. 16473Published

The Reporters'1 statement of tbe case: Tbe facts of tbe case appear sufficiently in tbe opinion of tbe court. It is submitted that tbe word “all,” even in a literal interpretation, includes sucb officers as were dead, as well as those living, provided, as sucb officers, they come witliin tbe provisions and tbe spirit of tbe act.

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The Reporters'1 statement of tbe case: Tbe facts of tbe case appear sufficiently in tbe opinion of tbe court. It is submitted that tbe word “all,” even in a literal interpretation, includes sucb officers as were dead, as well as those living, provided, as sucb officers, they come witliin tbe provisions and tbe spirit of tbe act. In tbe Revised Statutes deceased as well as living officers of tbe Army, Navy, or Marine Corps are designated as officers. 4728 Revised Statutes mentions “any officer, warrant or petty officer, seaman, engineer, first, second, or third assistant engineer, fireman or…

1Opinion of the CourtHowry, J.

The petition in this cause jiresents a claim under a provision of the Act of March 3,1883, Chap. 97 (22 Stat. L., 473), which reads as follows:

“And all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the Regular or Volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same manner as if all said service had been continuous and in the Regular Navy m the lowest grade having graduated pay held by such officer since last entering the service: Provided, That nothing in this…

2Cases cited6 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. Tubbs v. WilhoitSupreme Court of the United States · 1891
  3. United States v. BakerSupreme Court of the United States · 1888
  4. Hawkins v. United StatesUnited States Court of Claims · 1884
  5. Semple v. United StatesUnited States Court of Claims · 1889

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