United States v. Sweeny
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This was a petition originally filed by Thomas W. Sweeny, brigadier-general on the retired list of the army, to recover the sum of $182.05, charged against him by the United States, as to which amount he was claimed to be in arrears, and paid by him under protest. The petitioner having died after the commencement of the action, the appellee was admitted to prosecute the claim, as administratrix.
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APPEAL FROM THE COURT OF CLAIMS. This was a petition originally filed by Thomas W. Sweeny, brigadier-general on the retired list of the army, to recover the sum of $182.05, charged against him by the United States, as to which amount he was claimed to be in arrears, and paid by him under protest. The petitioner having died after the commencement of the action, the appellee was admitted to prosecute the claim, as administratrix. The case was argued and submitted in May, 1898, and the petition dismissed. Claimant applied for a rehearing, which was granted, and the case again submitted and…
1Opinion of the CourtJustice Brown
This case involves the question whether, in computing the time of service which entitles an officer to longevity pay, service.in a volunteer regiment is service “in the army of the United States,” within the meaning of the act of July 5, 1S88, c. 162, 5 Stat. 256, the fifteenth section of which (p. 258) enacts’ “ that every commissioned officer of the line or staff, exclusive of general officers, shall be entitled to receive one additional ration per diem for every five years he may have served or shall serve in the army of the United States.”
Claimant was an officer of a New York volunteer…
2Cited by9 opinions
- Mason v. RETIREMENT BD. CITY & COUNTY SFCalifornia Court of Appeal · 2003
- Deming v. McClaughryCourt of Appeals for the Eighth Circuit · 1902
- Wrublik v. Wrublik (In Re Wrublik)United States Bankruptcy Court, D. Maryland · 2004
- Bowie v. United StatesUnited States Court of Claims · 1909
- Employees' Retirement System v. HoHawaii Supreme Court · 1960
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