United States v. Hite
Supreme Court of the United States
APPEAL PROM . THE COURT OP CLAIMS. The facts are stated in the opinion. During the interval of time between, December 17, when -claimant was detached from the battle ship Massachusetts, and. December .22, when he was discharged, from the service, a period of five .days, he was not performing sea service, but was on leave or waiting-orders pay;. and therefore was • entitled to compensation Muring such time at the rate-of $1,000 a year.
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APPEAL PROM . THE COURT OP CLAIMS. The facts are stated in the opinion. During the interval of time between, December 17, when -claimant was detached from the battle ship Massachusetts, and. December .22, when he was discharged, from the service, a period of five .days, he was not performing sea service, but was on leave or waiting-orders pay;. and therefore was • entitled to compensation Muring such time at the rate-of $1,000 a year. The language of the statute is “shall be paid two’months’ extra pay,” evidently meaning, the same pay he would have, received • if he had- remained in the…
1Opinion of the CourtChief Justice Fuller
This was a petition for the recovery of $116..66. The case haying been heard by the Court of Cláims, that court, upon the evidence, • filed'the following findings' of1 fact and conclusion of law:
“ Findings' of Fact.'
“I. The- claimant, John M. Hite, was .appointed assistant engineer .in the United States Navy, with the relative rank of ensign, for temporary service-during the late war with' Spain, on May 14, '1898; he reported for' duty on board the U. S, S. ‘Massachusetts,’ in obedience.to orders of the Navy Department,' on June 1, '1898, and served creditably as such officer on said ship…
2Cases cited2 opinions
- Emory v. United StatesUnited States Court of Claims · 1884
- United States v. NorthSupreme Court of the United States · 1884
3Cited by3 opinions
- United States v. MitchellSupreme Court of the United States · 1907
- In re HagerDistrict Court, N.D. Iowa · 1909
- Florida Central & Peninsula Railroad v. United StatesUnited States Court of Claims · 1908