Semple v. United States
United States Court of Claims
The Reporters’ statement of tbe case : The following are the facts of this case as found by the court: I. James A. Semple served as purser in the Navy on board of the U. S. sloop-of-war John Adams, in the prosecution of the war with Mexico, from October 28,1847, to May LO, 1848, when he was detached by order of the Navy Department.
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The Reporters’ statement of tbe case : The following are the facts of this case as found by the court: I. James A. Semple served as purser in the Navy on board of the U. S. sloop-of-war John Adams, in the prosecution of the war with Mexico, from October 28,1847, to May LO, 1848, when he was detached by order of the Navy Department. During his life-time he did not receive the three months’ extra pay given to certain persons who served in the Mexican war by the Act 19th July, 1848 (9 Stat. L., 248, § 5). He died December 26, 1883, leaving the claimant, his widow, surviving him. II. Subsequent…
1Opinion of the CourtNott, J.
The defendants rely on a balance appearing upon the books of the Treasury as a defense to the claim of his widow for the three months’ extra pay given by the Act 19th July, 1848 (9 Stat. L., 248, § 5). The nature of this indebtedness does not appear, nor is it pleaded either as a set-off or payment. But inasmuch as the facts are admitted by the brief of the claimant, the court will proceed to pass upon the question of law involved.
That question is whether, the widow can maintain an action in her own right or only as a representative of her husband’s estate.
The three months’ extra pay was in…
2Cited by5 opinions
- Campbell v. United StatesUnited States Court of Claims · 1935
- Mumford v. United StatesUnited States Court of Claims · 1896
- Singles v. United StatesUnited States Court of Claims · 1926
- Labadie v. United StatesUnited States Court of Claims · 1897
- Rich v. United StatesUnited States Court of Claims · 1898