Eberlein v. United States
Citations
- 257 U.S. 82
- 42 S. Ct. 12
- 66 L. Ed. 140
- 1921 U.S. LEXIS 1317
- 57 Ct. Cl. 590
Syllabus
<p>E, having been removed by the Secretary of the Treasury from a place in the customs service after due hearing upon charges, was later reinstated by the same authority, pursuant to an order of the President based on further investigation and findings that the charges were not just.</p> <p>Held: (1) That the removal was an act of discretion not subject to revision by the court. P. 84.</p> <p>(2) That the power of appointment and removal in the case was constitutionally lodged in. the Secretary of the Treasury; the President’s order could not and was not intended to operate as a reinstatement, but merely restored E’s eligibility to appointment. P. 84.</p> <p>(3) E had no claim , to the salary between the dates of his removal and his reinstatement by the Secretary.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \It is settled that in such cases the action of executive officers is not subject to revision in the courts.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Day
Read full opinion on CourtListenerCited by
71 cases in this archive cite this case; the 20 most cited are listed.
- Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court· 1951-04-30· cited 1,907×
- Jane Doe v. Robert E. Hampton, Individually and as Chairman, U. S. Civil Service CommissionD.C. Circuit· 1977-11-03· cited 164×
- Bailey v. RichardsonD.C. Circuit· 1950-06-05· cited 154×
- Gadsden v. United StatesCourt of Claims· 1948-06-01· cited 75×
- Carter v. ForrestalD.C. Circuit· 1949-05-04· cited 61×
- Lodge 1858, American Federation of Government Employees v. Thomas O. Paine, Administrator, National Aeronautics and Space AdministrationD.C. Circuit· 1970-04-21· cited 59×
- Powell v. Brannan, Secretary of AgricultureD.C. Circuit· 1952-05-15· cited 52×
- Levine v. FarleyD.C. Circuit· 1939-08-07· cited 43×
- Ulysses S. Vigil v. Post Office Department of the United States of America and the United States of AmericaTenth Circuit· 1969-03-17· cited 41×
- Love v. United StatesEighth Circuit· 1939-11-21· cited 32×
- Borak v. BiddleD.C. Circuit· 1944-03-06· cited 31×
- Raymond F. Pauley v. United States of AmericaSeventh Circuit· 1970-01-06· cited 29×
- Hannington v. United StatesCourt of Claims· 1963-04-05· cited 29×
- Levy v. WoodsD.C. Circuit· 1948-11-22· cited 24×
- Riley v. TitusD.C. Circuit· 1951-05-24· cited 23×
- A. Lincoln Green v. J. Stanley Baughman, President, Federal National Mortgage AssociationD.C. Circuit· 1957-03-25· cited 23×
- John H. Harmon, III v. Wilber M. Brucker, Individually and as Secretary of the Department of the ArmyD.C. Circuit· 1957-01-31· cited 23×
- Jenkins v. MacyEighth Circuit· 1966-02-21· cited 22×
- Washington v. United StatesCourt of Claims· 1957-01-16· cited 21×
- McEachern v. United StatesW.D. South Carolina· 1963-01-07· cited 20×
Cites
1 case in this archive is cited by this case.
Other cases named Eberlein v. United States
1 other CourtListener record shares this case name.
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