Scholl v. United States

The right of the plaintiff to recover the judgment sought in the petition is dependent upon the one question, i. e., Was the service rendered actually service in the Army ?

Plaintiff enlisted in the Army May 25, 1899, and had attained the rank of sergeant prior to his honorable discharge on May 24,1902, having served out his term of enlistment. The day following his discharge, i. e., May 25, 1902, he was appointed by proper military authority to the position of clerk in the Quartermaster Department of the Philippines, headquarters, Sixth Separate Brigade.

During the course of his employment his…