Hartigan v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. Appellant filed a petition in the Court of Claims to have declared void his dismissal from the United States Military-Academy at West Point, and for judgment for his pay as a cadet from July 27, 1883, to July 1, 1889, amounting to $3,417. The appellant was duly appointed a cadet in the Military Academy on the first day of July, 1880, and served as such until the twenty-seventh of July, 1883, when he was summarily dismissed, by order of the…
Read the full summary
APPEAL PROM THE COURT OP CLAIMS. Appellant filed a petition in the Court of Claims to have declared void his dismissal from the United States Military-Academy at West Point, and for judgment for his pay as a cadet from July 27, 1883, to July 1, 1889, amounting to $3,417. The appellant was duly appointed a cadet in the Military Academy on the first day of July, 1880, and served as such until the twenty-seventh of July, 1883, when he was summarily dismissed, by order of the President, upon charges of maltreating a new cadet upon guard, as well as other improper conduct. After the dismissal of…
1Opinion of the CourtJustice McKenna
The contention of appellant is that, as a cadet, he was an officer in the Army, within the meaning of section 1229 of the Revised Statutes of the United States, and could only have been dismissed from the Academy upon.trial and conviction by court-martial, as provided in that section.
That section provides as follows: “The President is authorized to drop from the rolls of the Army for desertion any officer who is absent from duty three months without leave; and no-officer so dropped shall be eligible for reappointment. And no officer in the military or naval service shall in time of peace be…
2Cases cited8 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Shurtleff v. United StatesSupreme Court of the United States · 1903
- Parsons v. United StatesSupreme Court of the United States · 1897
- Blake v. United StatesSupreme Court of the United States · 1881
- Mullan v. United StatesSupreme Court of the United States · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. AndrewsSupreme Court of the United States · 1916
- Hoeppel v. United StatesCourt of Appeals for the D.C. Circuit · 1936
- Jiménez v. ReilySupreme Court of Puerto Rico · 1922
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1914
- Winfree v. United StatesUnited States Court of Claims · 1953
4 more not listed; retrieve them via the Exa API.