Krueger v. United States

Court of Claims

Krueger v. United States

83 Ct. Cl. 412, 1936 U.S. Ct. Cl. LEXIS 246, 1936 WL 2951

CourtUnited States Court of Claims

DecidedMay 4, 1936

DocketNo. 43145

StatusPublished

Cited by2 cases

This text of 83 Ct. Cl. 412 (Krueger 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

Krueger v. United States, 83 Ct. Cl. 412, 1936 U.S. Ct. Cl. LEXIS 246, 1936 WL 2951 (cc 1936).

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Opinion

Per Guriam:

The facts alleged in the petition show that the plaintiff was appointed a representative of the United .States Reemployment Service for Martin County, Florida, .at an annual salary of $1,440; and that after serving a ■few months the plaintiff was removed or discharged from -office and someone else was appointed to fill the position formerly occupied by him. The position was not in the classified service. The plaintiff was paid for the period he served. This suit is brought for the recovery of the salary for the remainder of the year. The defendant has demurred to the petition on the ground that this court bias no jurisdiction. It has been held repeatedly by this court that it has no jurisdiction to try the title to office. The plaintiff should have brought his suit in a court of •competent jurisdiction to try his right to the office. See Goodwin v. United States, 76 C. Cls. 218 and cases reviewed. The demurrer is sustained and the petition dismissed. It is so ordered.

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Per Guriam:

The facts alleged in the petition show that the plaintiff was appointed a representative of the United .States Reemployment Service for Martin County, Florida, .at an annual salary of $1,440; and that after serving a ■few months the plaintiff was removed or discharged from -office and someone else was appointed to fill the position formerly occupied by him. The position was not in the classified service. The plaintiff was paid for the period he served. This suit is brought for the recovery of the salary for the remainder of the year. The defendant has demurred to the petition on the ground that this court bias no jurisdiction. It has been held repeatedly by this court that it has no jurisdiction to try the title to office. The plaintiff should have brought his suit in a court of •competent jurisdiction to try his right to the office. See Goodwin v. United States, 76 C. Cls. 218 and cases reviewed. The demurrer is sustained and the petition dismissed. It is so ordered.

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Bluebook (online)

83 Ct. Cl. 412, 1936 U.S. Ct. Cl. LEXIS 246, 1936 WL 2951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krueger-v-united-states-cc-1936.

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