Swaim v. United States

On February 23, 1891, David G. Swaim filed in the court of claims a petition against the United States, alleging that he was on the 30th day of June, 1884, and still was, judge advocate general of the army of the United States, with the rank, pay, and allowance of a brigadier general therein. He complained that, by reason of the unlawful creation and action of a certain court-martial, he had been on February 24, 1885, suspended from rank and duty for 12 years, and that one-half of his pay had been forfeited for that period. For reasons set forth in the petition, the claimant asked that the proceedings, findings, and sentence of the said court-martial should be declared to be void, and that judgment should be rendered awarding him the amount of his pay and allowances retained in pursuance of the said sentence.

The court of claims made, upon the evidence, certain findings of fact, and on the 27th day or February, 1893, entered a final judgment dismissing the claimant's petition. From that judgment an appeal was taken to this court.

Benj. Butterworth and J. H. Gillpatrick, for appellant.

Atty. Gen. Harmon, for the United States.

Mr. Justice SHIRAS delivered the opinion of the court.