Whiting v. United States

Court of Claims

Whiting v. United States

80 Ct. Cl. 662, 1935 U.S. Ct. Cl. LEXIS 328, 1935 WL 2190

CourtUnited States Court of Claims

DecidedFebruary 4, 1935

DocketNo. 42534

StatusPublished

Cited by1 cases

This text of 80 Ct. Cl. 662 (Whiting 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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Whiting v. United States, 80 Ct. Cl. 662, 1935 U.S. Ct. Cl. LEXIS 328, 1935 WL 2190 (cc 1935).

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Opinion

[665]*665MEMORANDUM BT THE COURT

The plaintiff seeks to recover increased rental and subsistence allowances on account of a dependent mother, from October 1, 1927, to date of judgment. The claim is based on section 4 of the act of June 10, 1922 (42 Stat. 625, 627). This section of the statute has been construed by the court in many cases in which it 'has consistently been held that it is incumbent on the officer seeking the benefit of its provisions to establish (1) the reasonable and necessary living expenses of the mother whose dependency is claimed, and (2) to establish that his contribution to her support, over and above the amount of her income from other sources, was such as to make her dependent on him for her chief support. In other words it must be shown that the amount required for her reasonable and necessary living expenses was contributed chiefly by the plaintiff officer. Tomlinson v. United States, 66 C. Cls. 697, Rieger v. United States, 69 C. Cls. 632, Odlin v. United States, 74 C. Cls. 633.

The plaintiff 'has failed to make the required showing in this case. It is ordered that the petition be dismissed.

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[665]*665MEMORANDUM BT THE COURT

The plaintiff seeks to recover increased rental and subsistence allowances on account of a dependent mother, from October 1, 1927, to date of judgment. The claim is based on section 4 of the act of June 10, 1922 (42 Stat. 625, 627). This section of the statute has been construed by the court in many cases in which it 'has consistently been held that it is incumbent on the officer seeking the benefit of its provisions to establish (1) the reasonable and necessary living expenses of the mother whose dependency is claimed, and (2) to establish that his contribution to her support, over and above the amount of her income from other sources, was such as to make her dependent on him for her chief support. In other words it must be shown that the amount required for her reasonable and necessary living expenses was contributed chiefly by the plaintiff officer. Tomlinson v. United States, 66 C. Cls. 697, Rieger v. United States, 69 C. Cls. 632, Odlin v. United States, 74 C. Cls. 633.

The plaintiff 'has failed to make the required showing in this case. It is ordered that the petition be dismissed.

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Bluebook (online)

80 Ct. Cl. 662, 1935 U.S. Ct. Cl. LEXIS 328, 1935 WL 2190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiting-v-united-states-cc-1935.

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