Tyler v. United States
United States Court of Claims
moved, that Oapt. E. W. Tyler, a retired officer of the Army, and recently-admitted to practice in this court, might be allowed to appear as his assistant in certain cases brought by him, Mr. Warden, against the United States, and herein pending. Section 5498 of the Eevised Statutes has no application to retired officers.
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moved, that Oapt. E. W. Tyler, a retired officer of the Army, and recently-admitted to practice in this court, might be allowed to appear as his assistant in certain cases brought by him, Mr. Warden, against the United States, and herein pending. Section 5498 of the Eevised Statutes has no application to retired officers. “Every officer of the United States” is a phrase of the statute which undoubtedly is broad enough to include retired officers; but that phrase is followed by the significant language, “or person holding any place of trust or profit, or discharging any official function…
1Opinion of the Court
*27OPINION.
Drake, Oh. J.,
delivered the opinion of the court:
In Tyler v. The United States (16 C. Cls. R., 223) it was decided by this court that the claimant, a retired captain in the Army, was in the service of the United States, and the decision of this court was affirmed by the Supreme Court on appeal. (105 U. S. R., 244.)
On the 2d of January, 1883, Richard W. Tyler, the claimant in that case, was admitted to practice as an attorney in this court.
On the 9th of said January, Mr. R. B. Warden, an attorney of this court, filed a motion in certain pending causes against the United States, in the…
2Cases cited2 opinions
- United States v. TylerSupreme Court of the United States · 1882
- Tyler v. United StatesUnited States Court of Claims · 1880
3Cited by4 opinions
- Morgenthau v. BarrettCourt of Appeals for the D.C. Circuit · 1939
- Flower v. United StatesUnited States Court of Claims · 1895
- Simmons v. United StatesUnited States Court of Claims · 1920
- People v. DuaneNew York Supreme Court · 1890