Legal Opinion

Phillips v. United States

United States Court of Claims

Decided February 19, 1912No. 30693PublishedCited by 1 opinion

On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the court: I. Claimant is a citizen of the United States, and on October 19,1903, enlisted in the United States Marine Corps as a private, and has continued in such service until the present time. II.

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On the Proofs. The Reporters’ statement of the case: The following are the facts as found by the court: I. Claimant is a citizen of the United States, and on October 19,1903, enlisted in the United States Marine Corps as a private, and has continued in such service until the present time. II. He was detailed by regular recruiting warrant on recruiting duty during the following periods (Sundays included) : August 9, 1905, to December 23, 1906; December 31, 1906, to April 1, 1901; April 3, 1907, to May 29, 1907; a total of 651 clays. III. Section 985 of the Navy Regulations (1905) provides…

1Opinion of the Court

AteiNsoN, J.,

delivered the .opinion of the court.

This is a suit for $227.86 brought by Spencer N. Phillips, who during the time mentioned in his petition was a private in the United States Marine Corps. It is claimed by plaintiff that for 651 days, between August 9, 1805, and May 29, 1907, he served as a clerk while on recruiting service for the Marine Corps, and because of such service with recruiting parties he is entitled to 35 cents per day extra compensation.

Reliance is placed upon section 1287 of the Revised Statutes and the act of July 5, 1884 (23 Stats., 110), to sustain the claim of…

2Cases cited1 opinion

  1. Sweet v. United StatesUnited States Court of Claims · 1899

3Cited by1 opinion

  1. Schwanz v. United StatesUnited States Court of Claims · 1915

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