United States v. Kelly

Supreme Court

United States v. Kelly

82 U.S. 34, 21 L. Ed. 106, 15 Wall. 34, 1872 U.S. LEXIS 1226

CourtSupreme Court of the United States

DecidedJanuary 13, 1873

StatusPublished

Cited by21 cases

This text of 82 U.S. 34 (United States v. Kelly) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Kelly, 82 U.S. 34, 21 L. Ed. 106, 15 Wall. 34, 1872 U.S. LEXIS 1226 (1873).

Pincite

Opinion

The CHIEF JUSTICE

delivered the opinion of the court.

"We do not think that, under the circumstances of the present case, the bounty was forfeited. The able lawyer who fills at present the post of Judge Advocate General, in a case similar to the present, held that “the honorable discharge of the deserter wras a formal final judgment passed by the government upon the entire military record of the soldier, and an authoritative declaration by it that he had left the service in a status of honor; that as such, it dispensed altogether with the supposed necessity that the soldier must obtain bountj- by removal, by order, of the charge of desertion from the rolls, and amoünted of itself to the removal of any charge or impediment in the way of his receiving bounty.” With this opinion we entirely concur.'

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

The CHIEF JUSTICE

delivered the opinion of the court.

"We do not think that, under the circumstances of the present case, the bounty was forfeited. The able lawyer who fills at present the post of Judge Advocate General, in a case similar to the present, held that “the honorable discharge of the deserter wras a formal final judgment passed by the government upon the entire military record of the soldier, and an authoritative declaration by it that he had left the service in a status of honor; that as such, it dispensed altogether with the supposed necessity that the soldier must obtain bountj- by removal, by order, of the charge of desertion from the rolls, and amoünted of itself to the removal of any charge or impediment in the way of his receiving bounty.” With this opinion we entirely concur.'

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

82 U.S. 34, 21 L. Ed. 106, 15 Wall. 34, 1872 U.S. LEXIS 1226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kelly-scotus-1873.

Opinion

Related

Cite This Page — Counsel Stack