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· 4/23/1888

In re Harrold

Citations

  • 23 Ct. Cl. 295
  • 1888 U.S. Ct. Cl. LEXIS 53
  • 1800 WL 1497

Syllabus

<p>On the Proofs.</p> <p>This matter is transmitted to tlie court at the same time and in the same manner as that of Major Billings {ante). The only question of law involved is whether an officer belonging to a battery designated by the President to be mounted and equipped as an “ additional light battery ” under Revised Statutes, § 1101,1s entitled to payas a mounted officer from the time of designation and actual service, or from the time when the battery is fully equipped.</p> <p>I. An officer of a battery designated by the President as a “ light battery (in which officers are required to he mounted), and immediately organized as such, is entitled to mounted pay from the day of such designation or assignment, though the battery be not fully equipped till a later date.</p> <p>II. A mounted officer,-within the meaning of Revised Statutes, § 1261, is one who, by statute, regulations or army organization, is “required ” to be mounted at his own expense.</p>

Judges: Richardson

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