Talk:United States v. Page

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Edition:	United States v. Page, his petition in the court of claims on the 31st day of August, 1887, stating: '(1) That he is a citizen of the United States, and a resident of the District of Columbia (2) That on the 18th day of January, A D 1865, he was duly appointed and commissioned as a second lieutenant in the veteran reserve corps of the volunteer army of the United States, and served as such officer until the 20th day of September, A D 1866, when he was honorably mustered out of such military service of the United States (3) That on the 3d day of October, A D 1866, he was duly appointed and commissioned as a second lieutenant in the forty-fourth regiment of infantry of the army of the United States, to rank as such from the 28th day of July, A D 1866, and that he accepted such appointment on the 3d day of October, 1866 (4) That he served in said capacity until the 3d day of August, 1870, when he was transferred to the tenth infantry (5) That he continued to serve in saidlast-named regiment until the 22d day of September, 1871, when, by order of the president, he was, upon the recommendation of the retiring board of the US army, retired from active service, and was placed upon the retired list of the army as such second lieutenant (6) That from said last-mentioned date to the date of the filing of this petition he has ever since remained a second lieutenant upon the said retired list, subject to all the regulations and orders governing officers upon the retired list; yet, notwithstanding, ever since the 27th day of May, 1874, he has been refused all pay and emoluments to which he is lawfully entitled, by reason, as alleged, of a certain order issued by the adjutant general of the army, dated, 'War Department, Adjutant General's Office, May 27, 1874,' and purporting to be general court-martial orders, No 42, wherein and whereby, by paragraph 3 of said order, it is asserted that your petitioner ceases to be an officer of the army from the date of said order, by reason whereof the proper officers of the pay pepartment of the army have refused to pay to your petitioner the pay and emoluments to which he is lawfully entitled (7) Your petitioner avers that the said order, so far as the same purports to dismiss him from the army of the United States, or to deprive him of his said office, is null and void, and that he is entitled to receive his lawful pay, and to have and retain the said office, notwithstanding the said order; that the court-martial proceedings upon which the said order was predicated were never submitted to or approved by the president of the United States, and without such approval no power existed in the adjutant general or the secretary of war to deprive him of his commission or his lawful pay as such second lieutenant And your petitioner claims the sum of seventeen thousand eight hundred and thirty-five dollars and sixty cents ($17,83560) as and for his pay as such second lieutenant for the period from the 28th day of May, 1874, to the 30th day of June, 1887' Petitioner subsequently departed this life testate, and the suit was revived in favor of Sally E Page, as executrix, and, by leave of court, she amended the petition 'so as to claim pay for said deceased as second lieutenant for the perid f rom the 28th day of May, 1874, to the 12th day of October, 1889, being the sum of $20,81633' .
Source:	United States v. Page from http://bulk.resource.org/courts.gov/c/US/137
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