United States v. Watson
130 U.S. 80 (1889)

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U.S. Supreme Court

United States v. Watson, 130 U.S. 80 (1889)

United States v. Watson

No. 369

Submitted January 4, 1889

Decided March 11, 1889

130 U.S. 80

APPEAL FROM THE COURT OF CLAIMS

Syllabus

The time of the service of a cadet in the Military Academy at West Point is to be regarded as a part of the time he served in the army within the meaning of the Act of July 5, 1838, 5 Stat. 256, and should be counted in computing his longevity pay, and in an action to recover that pay, he is entitled to judgment for so much of the amount thereon thus computed as is not barred by the statute of limitations.

The case is stated in the opinion.

MR. JUSTICE LAMAR delivered the opinion of the Court.

On the 24th of February, 1886, the appellee, Malbone F. Watson, filed his petition in the Court of Claims, in substance as follows:

Claimant entered the United States Military Academy as a cadet July 1, 1856; was appointed a second lieutenant of cavalry, May 6, 1861; first lieutenant of artillery, May 14, 1861; captain, March 9, 1866; retired from active service for loss of his right leg from wound received in line of duty, September 18, 1868. In computing his service for longevity pay, he claims to be entitled to count his time as a cadet, under the Acts of July 5, 1838, 5 Stat. 256, c. 162, § 15; March 2, 1867, c. 145,

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