Legal Opinion

In re Smith

United States Court of Claims

Decided November 5, 1888No. Departmental 30PublishedCited by 3 opinions

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

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. Ex Parte ReedSupreme Court of the United States · 1879
  3. Kurtz v. MoffittSupreme Court of the United States · 1885
  4. United States v. EliasonSupreme Court of the United States · 1842
  5. United States v. SymondsSupreme Court of the United States · 1887

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Dodge v. United StatesUnited States Court of Claims · 1897
  2. Seltzer v. United StatesUnited States Court of Claims · 1943
  3. McNamara v. United StatesUnited States Court of Claims · 1893

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