Humphreys v. United States
United States Court of Claims
On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Henry Ii. Humphreys, was on June 14, 1898, a major in the United States infantiy, having been in the service for more than twenty years, and was in said grade until his promotion to the grade of lieutenant-colonel on December 23, 1898. II.
Read the full summary
On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Henry Ii. Humphreys, was on June 14, 1898, a major in the United States infantiy, having been in the service for more than twenty years, and was in said grade until his promotion to the grade of lieutenant-colonel on December 23, 1898. II. On June 14,1898, claimant was verbally assigned to the command of lieutenant-colonel of the Twelfth United States Infantry. Said verbal order was on August 4, 1898, confirmed by written orders as follows: “ Headquarters 3d…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
During the stormy vicissitudes of the civil war and in consequence of many hard-fought battles and appalling casualties it frequently happened that officers had to be assigned to commands above their rank. Such necessities of command may occur in any war. Early in the war with Spain Congress, by the Act 26th April, 1898 (30 Stat. L., p. 364, sec. 7), made this enactment:
“That in time of war every officer serving with troops operating against an enemy who shall exercise, under assign- • ment in orders issued by competent authority, a command…
2Cited by5 opinions
- Stillman v. United StatesUnited States Court of Claims · 1953
- Lanagan v. United StatesUnited States Court of Claims · 1923
- Lopez v. United StatesUnited States Court of Claims · 1909
- Mitchell v. United StatesUnited States Court of Claims · 1905
- Walker v. United StatesUnited States Court of Claims · 1907