United States v. Phisterer
94 U.S. 219

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U.S. Supreme Court

United States v. Phisterer, 94 U.S. 219 (1876)

United States v. Phisterer

94 U.S. 219

Syllabus

1. An officer of the army who, under the Consolidating Act of March 3, 1869, is ordered from a military post, at which he is doing duty, to his home to await orders does not exchange his station, within the meaning of sec. 1117 of the Army Regulations.

2. The case is governed by sec. 1110 of such regulations, and under it the officer is entitled to an allowance of ten cents for each mile traveled by him in pursuance of his orders.

3. The home of the officer to which he is ordered is not a military station. A military "station" is merely synonymous with military "post." In each case it means not an ordinary residence, having nothing military about it, except

Page 94 U. S. 220

that one of its occupants holds a military commission, but a place where military duty is performed, or stores are kept or distributed, or something connected with war or arms is kept or done.

4. An officer so ordered is not, when at home awaiting orders, entitled to commutation for quarters and fuel. His home is not a "station," within the meaning of sec. 1080 of the Army Regulations.

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