Howard v. United States

Court of Claims

Howard v. United States

78 Ct. Cl. 265, 1933 U.S. Ct. Cl. LEXIS 257, 1933 WL 1785

CourtUnited States Court of Claims

DecidedJune 5, 1933

DocketNo. 41822

StatusPublished

This text of 78 Ct. Cl. 265 (Howard v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howard v. United States, 78 Ct. Cl. 265, 1933 U.S. Ct. Cl. LEXIS 257, 1933 WL 1785 (cc 1933).

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Opinion

[267]*267MEMORANDUM BT THE COURT

The plaintiff, a lieutenant of the junior grade in the United States Navy, received the pay and allowances of an officer without dependents for the periods October 1,1928, to June 15, 1929, from September 15, 1929, to June 30, 1930, and from November 20, 1931, to August 5, 1932, the date of [268]*268his marriage. His claim is for the increased rental allowances for the periods stated, provided by section 4 of the act . of June 10, 1922, 42 Stat. 625, 627, for an officer with a dependent mother.

The facts disclosed by the findings do not establish the-claim that plaintiff’s mother, during the periods in question, was in fact dependent on him for her chief support within-the requirements of the statute. Odlin v. United States, 74 C.Cls. 633; Griffin v. United States, 74 C.Cls. 292; Rieger v. United States, 69 C.Cls. 632.

It is ordered that the petition be dismissed.

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[267]*267MEMORANDUM BT THE COURT

The plaintiff, a lieutenant of the junior grade in the United States Navy, received the pay and allowances of an officer without dependents for the periods October 1,1928, to June 15, 1929, from September 15, 1929, to June 30, 1930, and from November 20, 1931, to August 5, 1932, the date of [268]*268his marriage. His claim is for the increased rental allowances for the periods stated, provided by section 4 of the act . of June 10, 1922, 42 Stat. 625, 627, for an officer with a dependent mother.

The facts disclosed by the findings do not establish the-claim that plaintiff’s mother, during the periods in question, was in fact dependent on him for her chief support within-the requirements of the statute. Odlin v. United States, 74 C.Cls. 633; Griffin v. United States, 74 C.Cls. 292; Rieger v. United States, 69 C.Cls. 632.

It is ordered that the petition be dismissed.

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Bluebook (online)

78 Ct. Cl. 265, 1933 U.S. Ct. Cl. LEXIS 257, 1933 WL 1785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-united-states-cc-1933.