Badeau v. United States - 130 U.S. 439 (1889)
U.S. Supreme Court
Badeau v. United States, 130 U.S. 439 (1889)
Badeau v. United States
Nos. 659, 749
Submitted January 4, 1889
Decided April 15, 1889
130 U.S. 439
APPEALS FROM THE COURT OF CLAIMS
A retired army officer, accepting pay under an appointment in the diplomatic or consular service, is thereby precluded from receiving salary as an officer in the army.
Whether a retired army officer whose name is dropped from the rolls under the provisions of Rev.Stat. § 1223 in consequence of his accepting an appointment in the diplomatic or consular service of the government can be restored to the army under the provisions of the Act of March 3, 1875, 18 Stat. 512, is not decided in this case.
An officer whose name is placed on the retired list of the army by the Secretary of War in apparent compliance with provisions of law is an officer de facto, if not de jure, and money paid to him as salary cannot be recovered back by the United States.