In re Smith
United States Court of Claims
The Reporters1 statement of the case: This matter was transmitted to .the court by the Secretary of War by the following communication : “War DEPARTMENT, “ Washington City, October 25, 1887. “ To the honorable the Chief Justice and Judges of the Court of Claims : “The undersigned, Secretary of the Department of War, respectfully represents that a matter is now pending in said Department involving a controverted question of law, to wit: Whether paragraph 1006 of the Army…
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The Reporters1 statement of the case: This matter was transmitted to .the court by the Secretary of War by the following communication : “War DEPARTMENT, “ Washington City, October 25, 1887. “ To the honorable the Chief Justice and Judges of the Court of Claims : “The undersigned, Secretary of the Department of War, respectfully represents that a matter is now pending in said Department involving a controverted question of law, to wit: Whether paragraph 1006 of the Army Regulations of 1863, repeated in paragraph 1652 of the revised Army Regulations of 1881, is a valid and lawful regulation…
1Opinion of the Court
Richardson, Ch. J.,
delivered the opinion of the court:
The Secretary of War, in his letter transmitting the matter-involved in this case, states the questions upon which he desires, the opinion of the court to be “ whether paragraph 1006 of the Army Regulations of 1863, repeated in the Revised Army Regulations of 1881, is a valid and lawful regulation, having-the force of law to the extent of protecting the paymaster who makes a payment in accordance therewith, or independently of that regulation whether he is protected in case of payments made in good faith under the circumstances therein set…
2Cases cited9 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Ex Parte ReedSupreme Court of the United States · 1879
- Kurtz v. MoffittSupreme Court of the United States · 1885
- United States v. EliasonSupreme Court of the United States · 1842
- United States v. SymondsSupreme Court of the United States · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dodge v. United StatesUnited States Court of Claims · 1897
- Seltzer v. United StatesUnited States Court of Claims · 1943
- McNamara v. United StatesUnited States Court of Claims · 1893