Legal Opinion

Tyler v. United States

United States Court of Claims

Decided December 15, 1880PublishedCited by 13 opinions

The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 26th day of December, 1861, the claimant was enlisted in the military service of the United States, and served as an enlisted man till May 25,1864. On the 25th of May, 1864, he was appointed lieutenant of infantry, and served as such in the active list till December 15, 1870. On the 15th of December, 1870, he was retii’ed and placed on the list of retired officers…

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The Reporters’ statement of the case: The following are the facts of this case as found by the court: I. On the 26th day of December, 1861, the claimant was enlisted in the military service of the United States, and served as an enlisted man till May 25,1864. On the 25th of May, 1864, he was appointed lieutenant of infantry, and served as such in the active list till December 15, 1870. On the 15th of December, 1870, he was retii’ed and placed on the list of retired officers of the Army, for wounds received in battle, with the rank of captain of infantry, under the provisions of the Act August…

1Opinion of the CourtRichardson, J.

The claimant entered the military service of the United States, as an enlisted man in the Army, December 26, 1861; was appointed lieutenant of infantry on the 25th day of May, 1864; was placed on the retired list December 15,1870, with the rank of captain of infantry; and has thus been in continuous service from his first entry up to the time of bringing this action.

He sues for pay which he alleges has accrued to him as a retired officer beyond that which has been allowed and paid to him at the treasury.

We must therefore determine what is the pay, by law, of a retired officer of the Army of…

2Cited by13 opinions

  1. Selden G. Hooper v. The United StatesUnited States Court of Claims · 1964
  2. Bennett v. United StatesUnited States Court of Claims · 1884
  3. Irwin v. United StatesUnited States Court of Claims · 1903
  4. Runkle v. United StatesUnited States Court of Claims · 1884
  5. Palen v. United StatesUnited States Court of Claims · 1884

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