Legal Opinion

Byrnes v. United States

United States Court of Claims

Decided April 20, 1891No. 15229PublishedCited by 1 opinion

The Reporters’ statement of the case: The facts upon which this case rests will be found in the opinion of the court. In the case of Sendee (22 O. Cls. B., 134) the claimant had served as a paymaster’s clerk.

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The Reporters’ statement of the case: The facts upon which this case rests will be found in the opinion of the court. In the case of Sendee (22 O. Cls. B., 134) the claimant had served as a paymaster’s clerk. In a very exhaustive opinion, in which the cases of Reed (100 U. S. B., 13), Germaine (99 U. S. B., 508), and Bogart (3 Sawyer, O. C. B., 407) are considered (and to which we call the court’s attention), the Chief Justice used the following language, which applies with full force to the case at bar: “ We find in the Navy aclassof officers called 'petty officers,’ recognized as such by…

1Opinion of the Court

Weldon, J,,

delivered the opinion of the court:

On the 1st day of September, 1870, the claimant made a contract with the defendants, by which he agreed to serve the United States as a medical officer, agreeably to Army Begula-tions, in the Department of Dakota, at the sum of $100 per month, the contract to continue for one year unless determined by the general commanding the military division or depart*305ment. Said contract was substituted for a contract for like service bearing date July 19,1870.

He served for seveal years under said agreements, and was then appointed assistant surgeon in the…

2Cases cited4 opinions

  1. United States v. MouatSupreme Court of the United States · 1888
  2. United States v. HendeeSupreme Court of the United States · 1888
  3. United States v. DunnSupreme Court of the United States · 1887
  4. Dunn v. United StatesUnited States Court of Claims · 1886

3Cited by1 opinion

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

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