United States v. Mitchell
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The Court of Claims filed the following findings of fact and conclusions of law: “I. The claimant, Donn C. Mitchell, was enrolled in the - Volunteer Army, during the Spanish war, as second lieutenant of Troop E,.First Ohio Volunteer Cavalry, on the 3d day of May, 1898. He1 served in the grade of second lieutenant until promoted to first lieutenant October 20, 1898. He was mustered out as'first lieutenant October 23, 1898. His entire service…
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APPEAL FROM THE COURT OF CLAIMS. The Court of Claims filed the following findings of fact and conclusions of law: “I. The claimant, Donn C. Mitchell, was enrolled in the - Volunteer Army, during the Spanish war, as second lieutenant of Troop E,.First Ohio Volunteer Cavalry, on the 3d day of May, 1898. He1 served in the grade of second lieutenant until promoted to first lieutenant October 20, 1898. He was mustered out as'first lieutenant October 23, 1898. His entire service was within the limits of the United States. “II. While on duty as second lieutenant of the First Ohio Volunteer Cavalry…
1Opinion of the Court
Mr. Chief Justice Fuller,
after, making' the foregoing statement, delivered the opinion of the .court.
It is conceded by the Government that claimant is entitled to extra pay, so that the question is to what amount. Was he entitled to receive one month’s extra pay of a captain of cavalry mounted ($166.66) or one ilionth’s extra pay of a second lieutenant of cavalry mounted ($125)?-
We lay out of view the suggestion that if claimant were entitled to the extra pay of a second lieutenant of cavalry only, then that a certain sum or sums ought to ,be deducted as having been previously improvidently…
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