Harrison v. United States
United States Court of Claims
The Reporters' statement of the case: The facts of this case, so far as they are involved in the decision, will be found stated in the opinion of the court. 1. The mere reading of section 4739 and of the act of February 14,1871 (16 Stat. L., 411), from which it was taken, shows that its provisions were intended to be entirely confined to cases of the war of 1812. 2. The adjudication of the pension claim by the Commissioner of Pensions, and the issue of a pension certificate,…
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The Reporters' statement of the case: The facts of this case, so far as they are involved in the decision, will be found stated in the opinion of the court. 1. The mere reading of section 4739 and of the act of February 14,1871 (16 Stat. L., 411), from which it was taken, shows that its provisions were intended to be entirely confined to cases of the war of 1812. 2. The adjudication of the pension claim by the Commissioner of Pensions, and the issue of a pension certificate, are necessary before the claimant can maintain any action for his pension in any court. (Mrs. Daily's Case, C. Ols. R.,…
1Opinion of the CourtScofield, J.
June 22, 1874, the claimant was duly “inscribed on the pension list,” and received a certificate to that effect.
April 14, 1877, upon a report of special agents charging misrepresentation and fraud in obtaining the certificate, the claimant, by order of the Secretary of the Interior, was dropped from the pension list.
The case only involves the right of the Secretary to strike from “ the list of invalid pensions” a name which he has found, upon evidence furnished him through an ex parte investigation by special agents, was placed there through false and fraudulent representations.
This action of…
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