Badeau v. United States
130 U.S. 439 (1889)

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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

Syllabus

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.

Page 130 U. S. 440

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