Legal Opinion

United States v. Mills

Supreme Court of the United States

Decided March 13, 1905No. 509PublishedCited by 13 opinions

APPEAL FROM THE COURT OF CLAIMS. This is an appeal from a judgment of the Court of Claims in favor of the appellee. The question relates to the amount of compensation payable to him under the acts of May 26, 1900, and March 2, 1901, making appropriations for the Army.

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APPEAL FROM THE COURT OF CLAIMS. This is an appeal from a judgment of the Court of Claims in favor of the appellee. The question relates to the amount of compensation payable to him under the acts of May 26, 1900, and March 2, 1901, making appropriations for the Army. The particular provisions of these acts are set forth in the margin.1 The court gave judgment in favor of appellee upon the authority of its opinion in Irwin v. United States, 38 C. Cl. 87. The facts found by the court are as follows: “The claimant, Stephen C. Mills, entered the military service of the United States as a cadet…

1Opinion of the CourtJustice Peckham

The question is, upon what principal sum the ten per cent increase of compensation, to which the Government concedes the appellee is entitled, is to be computed. The appellee as major was entitled, by section 1261 of the Revised Statutes, 1 Comp. Stat. 893, to the pay of $2,500 a year. Subsequently as lieutenant-colonel he was entitled, by the same section, to the pay of $3,000 per year. By the following section,. 1262, 1 Comp. Stat. 896, it is provided that there shall be paid"to the officers below the rank of brigadier-general "ten per centum of their current yearly pay for each term of…

2Cases cited1 opinion

  1. United States v. TylerSupreme Court of the United States · 1882

3Cited by13 opinions

  1. Lanehart v. HornerCourt of Appeals for the Federal Circuit · 1987
  2. Jones v. United StatesUnited States Court of Claims · 1925
  3. Waller v. United StatesCourt of Appeals for the D.C. Circuit · 1950
  4. United States v. MillerSupreme Court of the United States · 1908
  5. McLean v. United StatesUnited States Court of Claims · 1910

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