Kirker v. United States

Court of Claims

Kirker v. United States

21 Ct. Cl. 220, 1886 U.S. Ct. Cl. LEXIS 68, 1800 WL 1480

CourtUnited States Court of Claims

DecidedMarch 29, 1886

DocketNo. 14532

StatusPublished

This text of 21 Ct. Cl. 220 (Kirker 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.

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Kirker v. United States, 21 Ct. Cl. 220, 1886 U.S. Ct. Cl. LEXIS 68, 1800 WL 1480 (cc 1886).

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Opinion

Nott, J.,

delivered the opinion of the court:

The right of provost-marshals to thé three months’ pay given to certain officers of volunteers by the Act 3d March, 1865 (13 Stat. L., § 4, p. 497), is so questionable that the cour t does not feel at liberty to overturn the construction which has been given to the act by the executive branch of the Government for a great length of time, and which has been left undisturbed by Congress while legislating in regard to the same officers.

The judgment of the court is that the petition be dismissed.

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Nott, J.,

delivered the opinion of the court:

The right of provost-marshals to thé three months’ pay given to certain officers of volunteers by the Act 3d March, 1865 (13 Stat. L., § 4, p. 497), is so questionable that the cour t does not feel at liberty to overturn the construction which has been given to the act by the executive branch of the Government for a great length of time, and which has been left undisturbed by Congress while legislating in regard to the same officers.

The judgment of the court is that the petition be dismissed.

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Bluebook (online)

21 Ct. Cl. 220, 1886 U.S. Ct. Cl. LEXIS 68, 1800 WL 1480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirker-v-united-states-cc-1886.