Commonwealth v. Lilly's adm'r.
Supreme Court of Virginia
By the act of assembly of May session 1779, ch. 6. (10 Hen. stat. at large, p. 25.) it was among other things enacted, that “ all general officers of the army, being citizens of this commonwealth, and all field officers, captains and subalterns commanding or who shall command, in the battalions raised for the immediate defence of this state, or for the defence of the U. States, and all chaplains, physicians, surgeons and surgeons’ mates, appointed to the said battalions, or…
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By the act of assembly of May session 1779, ch. 6. (10 Hen. stat. at large, p. 25.) it was among other things enacted, that “ all general officers of the army, being citizens of this commonwealth, and all field officers, captains and subalterns commanding or who shall command, in the battalions raised for the immediate defence of this state, or for the defence of the U. States, and all chaplains, physicians, surgeons and surgeons’ mates, appointed to the said battalions, or any of them, being citizens of this commonwealth, and not being in the service of Georgia, or of any other state,…
1Opinion of the CourtCarr, J.
This is the case of a naval officer of the revolution, suing for his half pay. I shall take it for granted, that he stands on the same ground with an officer of the state line.
Two questions were presented, and were most ably and elaborately argued : 1st, Did Lilly serve to the-end of the war ? 2nd, If he did not, is he entitled to half pay, under the act of 1779, as a supernumerary officer?
Upon the first question, taking all the circumstances into view; the high reputation of Lilly for zeal and activity; *528his appointment as one of the board of officers; the report of that board in his favour;…
2Cited by7 opinions
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- Porter's Ex'rs v. DanielsWest Virginia Supreme Court · 1877
- Williams v. United StatesSupreme Court of the United States · 1890
- Commonwealth v. Marston's adm'rSupreme Court of Virginia · 1837
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