Legal Opinion

Wood v. United States

United States Court of Claims

Decided December 15, 1879PublishedCited by 8 opinions

On the Proofs. The Reporters'1 statement of the case: Tbe following are tbe facts as found by tbe court: I. Tbe claimant was graduated from tbe United States Military Academy and appointed a brevet second lieutenant in tbe Corps of Topographical Engineers July 1,1845; transferred to tbe Second Dragoons October 19,1846; promoted second lieutenant Second Dragoons December 2,1846 (brevetted first lieutenant February 23, 1847); 'first lieutenant June 30, 1851; appointed captain…

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On the Proofs. The Reporters'1 statement of the case: Tbe following are tbe facts as found by tbe court: I. Tbe claimant was graduated from tbe United States Military Academy and appointed a brevet second lieutenant in tbe Corps of Topographical Engineers July 1,1845; transferred to tbe Second Dragoons October 19,1846; promoted second lieutenant Second Dragoons December 2,1846 (brevetted first lieutenant February 23, 1847); 'first lieutenant June 30, 1851; appointed captain First Cavalry March 3, 1855; promoted major March 16,1861; lieutenant-colonel May 9,1861; promoted colonel Second…

1Opinion of the CourtBichakdson, J.

The claimant alleges, in effect, that he held and still holds the office of major-general on the retired list of the Army, and that Congress has undertaken, by legislative enacment, to remove him from that office and to appoint him to the office of brigadier-general on the retired list. This, he contends, they *158have no constitutional power to do, and he seeks to recover the differeúce between the salary of a major-general and that of a brigadier-general, which last has been paid to him.

He held the office of colonel of cavalry in the line of the Army of the United States on the active list when…

2Cases cited2 opinions

  1. Collins v. United StatesUnited States Court of Claims · 1879
  2. Collins v. United StatesUnited States Court of Claims · 1878

3Cited by8 opinions

  1. Strong v. United StatesUnited States Court of Claims · 1925
  2. Cloud v. United StatesUnited States Court of Claims · 1907
  3. Hawkins v. United StatesUnited States Court of Claims · 1904
  4. Fisher v. United StatesUnited States Court of Federal Claims · 2006
  5. Flower v. United StatesUnited States Court of Claims · 1895

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