Mimmack v. United States
Supreme Court of the United States
Appeal from the Court of Claims. This was a suit brought Sept. 2, 1873, in the Court of Claims, by Bernard P. Mimmack against the United States, to recover pay and allowances as a captain in the army to that date from Dec. 11, 1868, amounting to $9,344.29. The court found the following facts : — That in May, 1868, the petitioner, said Mimmack, was a captain of the thirtieth regiment of infantry, and brevet-major, on duty at Fort Sidney, which was under the command of General…
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Appeal from the Court of Claims. This was a suit brought Sept. 2, 1873, in the Court of Claims, by Bernard P. Mimmack against the United States, to recover pay and allowances as a captain in the army to that date from Dec. 11, 1868, amounting to $9,344.29. The court found the following facts : — That in May, 1868, the petitioner, said Mimmack, was a captain of the thirtieth regiment of infantry, and brevet-major, on duty at Fort Sidney, which was under the command of General Potter. Previous to the 10th of May, charges, with specifications of drunkenness on duty, &c., were preferred against…
1Opinion of the CourtJustice Clifford
Nothing short of a written resignation to the President, or the proper executive department, by a commissioned officer of the army, navy, or marine corps, and the acceptance of the same duly notified to the incumbent of the office, in the customary mode, will of itself create a vacancy in such an office, or prevent the incumbent, if the President consents, from withdrawing the proposed resignation; in which event the rights, privileges, duties,- and obligations of the officer remain just as if the resignation had never been tendered.
Prior to notice that the resignation tendered has been…
2Cited by30 opinions
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- Rockingham County v. Luten Bridge Co.Court of Appeals for the Fourth Circuit · 1929
- United States v. CorsonSupreme Court of the United States · 1885
- State ex rel. Bergshicher v. GraceTennessee Supreme Court · 1904
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