Smith v. United States
United States Court of Claims
Petitioner, while on duty in the city of Washington, D. C., on the 5th of September, A. D. 1862, was dismissed, without notice, from the service, under an order from the Secretary of War, for the alleged reason that petitioner was absent from duty.
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Petitioner, while on duty in the city of Washington, D. C., on the 5th of September, A. D. 1862, was dismissed, without notice, from the service, under an order from the Secretary of War, for the alleged reason that petitioner was absent from duty. Said order of dismissal was, however, on the 13th day of February, A. D. 1864, wholly revoked by the Secretary of War, under the direction and order of Abraham Lincoln, President of the United States, it being ascertained that the alleged reason for his dismissal did not exist. Petitioner claims pay for the time he was suspended from the service by…
1Opinion of the CourtLoRING, J.
The petitioner was an assistant quartermaster in the volunteer army with the rank of captain, and on the 5th of September, 1862, he was, by the direction of the President, dismissed from the army for being absent, without proper leave, from his command, while the army to which he belonged was fighting the enemy in the field. On the 13th of February, 1864, the order of dismissal was revoked, as made without cause and by mistake, and therefrom the petitioner served as an officer in the army until the 11th of June, 1864, when, on account of disability, incurred in the Red River campaign, he…
2Cited by6 opinions
- Dilley v. AlexanderCourt of Appeals for the D.C. Circuit · 1980
- Walsh v. United StatesUnited States Court of Claims · 1908
- Christian v. United StatesUnited States Court of Federal Claims · 2001
- Palen v. United StatesUnited States Court of Claims · 1884
- Grimley v. United StatesUnited States Court of Claims · 1897
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