United States v. Morrison (96 U.S. 232)

APPEAL from the Court of Claims.

Morrison, the appellee, a lieutenant in the tenth regiment of cavalry, was appointed regimental quartermaster, and his appointment approved June 30, 1875. On the same day, Hunt, a second lieutenant in the regiment, was promoted to be first lieutenant in the place of Morrison, 'appointed regimental quartermaster.' On the 22d October, 1875, Morrison, 'in addition to his other duties,' was 'assigned to duty as assistant-commissary of post;' and, by virtue of that appointment, served as acting assistant-commissary from Nov. 1, 1875, to and including, Feb. 28, 1877. He has been paid in full as quartermaster, but nothing in addition as acting assistant-commissary. This action is brought to recover at the rate of $100 a year for the extra service. The court below gave judgment in his favor for $133.33, whereupon the United States appealed here.

Mr. Assistant-Attorney-General Smith for the appellant.

Mr. Halbert E. Paine and Mr. Benjamin F. Grafton, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.