Legal Opinion

Stirling v. United States

United States Court of Claims

Decided April 14, 1913No. 31507PublishedCited by 3 opinions

The Reporters’’ statement of the case: No findings of fact were filed in this case, but all the essential facts will be found stated in the opinion of the court.

1Opinion of the CourtHowry, J.

This is a claim for longevity pay on the part of the plaintiff as a naval officer who had served continuously as a midshipman until January 28,1908. A few days prior to a con*388tinuous service of over five years, terminating on the date given, plaintiff’s resignation had been requested because of physical disability. The alleged disability was defective vision, underweight, and signs of pulmonary disease. Thereupon, on January 22,1908, the plaintiff tendered his resignation as a midshipman, which was accepted by the proper authority, to take effect upon his arrival at his home.

On April 3, 1908,…

2Cases cited4 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. United States v. Union Pacific RailroadSupreme Court of the United States · 1875
  3. Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
  4. Smith v. United StatesUnited States Court of Claims · 1884

3Cited by3 opinions

  1. Gregory v. United StatesUnited States Court of Claims · 1952
  2. Guilmette v. United StatesUnited States Court of Claims · 1914
  3. Broyderick v. United StatesUnited States Court of Claims · 1957

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