United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Burchard, 125 U.S. 176 (1888)

United States v. Burchard

Nos. 158, 1332

Argued February 2, 1888

Decided March 19, 1888

125 U.S. 176

Syllabus

An appeal, docketed here January 7, 1888, from a judgment of the Court of Claims which was entered February 4, 1884, is dismissed for want of due prosecution.

Potts v. United States, ante, 125 U. S. 173, affirmed and applied to the case.

Page 125 U. S. 177

Section 1594, Rev.Stat. authorizing the transfer of a retired officer of the navy from the furlough to the retired pay list being intended to afford relief from the consequences of the findings of retiring boards, should be construed liberally, and being so construed, it is held that the President has power under it, with the advice and consent of the Senate, to make the transfer relate back to a time when, in his judgment, it ought to have been granted.

In an action in the Court of Claims by an officer to recover a balance claimed to be due him on pay account, the United States can set up as a counterclaim an alleged overpayment to him on that account, and can have judgment for it if established.

The case is stated in the opinion of the Court.