Legal Opinion

Tatum's ex'or v. Commonwealth

Supreme Court of Virginia

Decided December 15, 1837PublishedCited by 1 opinion

Henry Tatum was a lieutenant of the Virginia continental line in the army of the revolution, who entered into the service in March 1776 and continued therein until the reduction of the regiment to which he belonged in the year 1778, under the resolution of congress to that effect, when he became a supernumerary, and so continued until the end of the war.

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Henry Tatum was a lieutenant of the Virginia continental line in the army of the revolution, who entered into the service in March 1776 and continued therein until the reduction of the regiment to which he belonged in the year 1778, under the resolution of congress to that effect, when he became a supernumerary, and so continued until the end of the war. He never resigned his commission ; but he was not called into active service again, though he professed that he had held himself at all times ready to resume active service if he had been required. For this service, and readiness for further…

1Opinion of the CourtParker, J.

It appears, that Henry Tatum was a lieutenant in the Virginia line on continental establishment, and continued in service, it seems, from March 1776 until the new arrangement of the army was made in the fall of 1778, when he became a supernumerary officer, and so remained till the end of the war. He claims to be entitled to half pay under the act of May 1779, ch. 6. That was an act manifestly intended to hold out inducements to persons to enter and to continue in the service, which at that time it wás absolutely necessary to offer, in consequence of the rapid depreciation of the paper money…

2Cases cited1 opinion

  1. Markham's adm'r. v. CommonwealthSupreme Court of Virginia · 1830

3Cited by1 opinion

  1. Eagle-Picher Industries, Inc. v. Liberty Mutual Insurance Company, American Motorists Insurance Company, Eagle-Picher Industries, Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the First Circuit · 1987

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