McAlpine v. United States

Court of Claims

McAlpine v. United States

27 Ct. Cl. 491, 1892 U.S. Ct. Cl. LEXIS 57, 1800 WL 2016

CourtUnited States Court of Claims

DecidedJune 20, 1892

DocketNo. 17438

StatusPublished

Cited by1 cases

This text of 27 Ct. Cl. 491 (McAlpine 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

McAlpine v. United States, 27 Ct. Cl. 491, 1892 U.S. Ct. Cl. LEXIS 57, 1800 WL 2016 (cc 1892).

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Opinion

Richardson, Ch. J.,

announced the following conclusion of law:

Upon the foregoing findings of fact the court determines, as conclusions of law, that the claimant, having been appointed an assistant engineer in the Navy by the President with the advice and consent of the Senate, to date from July 1,1883, in accordance with a special act of Congress, is entitled to the pay of an assistant engineer from July 1,1883, when Congress authorized his commission to bear date, upon the authority of United States v. Vinton (2 Sumner, 299); Collins v. United States (15 C. Cls. R., 22); and Burchard v. United States (125 U. S. R., 179), and for the reason that when Congress authorizes the dating back of a commission it intends to give the officer pay from such date, unless otherwise expressed as in the act of 1889, March 2, Ch. 399 (25 Stat. L., 879).

The claimant is entitled to recover the difference between the pay he was entitled to and that which he received, to wit, the sum of $3,454.27.

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Richardson, Ch. J.,

announced the following conclusion of law:

Upon the foregoing findings of fact the court determines, as conclusions of law, that the claimant, having been appointed an assistant engineer in the Navy by the President with the advice and consent of the Senate, to date from July 1,1883, in accordance with a special act of Congress, is entitled to the pay of an assistant engineer from July 1,1883, when Congress authorized his commission to bear date, upon the authority of United States v. Vinton (2 Sumner, 299); Collins v. United States (15 C. Cls. R., 22); and Burchard v. United States (125 U. S. R., 179), and for the reason that when Congress authorizes the dating back of a commission it intends to give the officer pay from such date, unless otherwise expressed as in the act of 1889, March 2, Ch. 399 (25 Stat. L., 879).

The claimant is entitled to recover the difference between the pay he was entitled to and that which he received, to wit, the sum of $3,454.27.

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Bluebook (online)

27 Ct. Cl. 491, 1892 U.S. Ct. Cl. LEXIS 57, 1800 WL 2016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcalpine-v-united-states-cc-1892.

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