Hite v. United States
United States Court of Claims
The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, John M. Hite, was appointed assistant engineer in the United States Navy, with the relative rank of ensign, for temporary service during the late war with Spain, on May 14, 1898; he reported for duty on board the U. S. S. Massachusetts, in obedience to orders of the Navy Department, on June 1, 1898, and served creditably as such officer on said ship until…
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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, John M. Hite, was appointed assistant engineer in the United States Navy, with the relative rank of ensign, for temporary service during the late war with Spain, on May 14, 1898; he reported for duty on board the U. S. S. Massachusetts, in obedience to orders of the Navy Department, on June 1, 1898, and served creditably as such officer on said ship until December 17, 1898, at which date he was detached and ordered to his home, and on December 22, 1898, was honorably…
1DissentAticiNSON, J.
I regret that I can not concur in the opinion of the court in this case, for the reason that it appears inequitable not to do so; but it seems to me that it so clearly comes within the decisions of this court and the.Supreme Court of the United States, in cases where the same principle is involved, that I feel it to be my duty to dissent.
The act of March 3, 1899 (30 Stat. L., 1228), under which this suit is instituted, reads as follows:
“ The officers and enlisted men comprising the temporary force of the Navy during the war with Spain, who served .creditably beyond the limits of the United…
2Cases cited1 opinion
- United States v. NorthSupreme Court of the United States · 1884