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HUNT V. UNITED STATES, 116 U. S. 394 (1886)

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U.S. Supreme Court

Hunt v. United States, 116 U.S. 394 (1886)

Hunt v. United States

Submitted January 4, 1886

Decided January 18, 1886

116 U.S. 394


Under the provisions of the Act of July 16, 1882, 12 Stat. 586, ch. 183, § 16, an officer of the navy of a class subject by law or regulation to examination before promotion to a higher grade was not entitled to be examined until his turn for promotion had arrived or was near at hand.

If a naval officer was delayed in promotion for want of examination, and the examination was delayed by reason of absence on duty when entitled to promotion, the Act of July 16, 1862, gave him the right to have the increased pay of the new grade begin when the examination should have taken place.

George P. hunt, the appellant, a chief engineer in the navy, brought this suit in the Court of Claims to recover a balance of pay due him, as he alleged, from the United States. chanroblesvirtualawlibrary

Page 116 U. S. 395

The facts were as follows:

On October 25, 1868, the appellant was a first assistant engineer in the United States Navy, and had served in that grade two years at sea on board a naval steamer. At the date mentioned, there was no vacancy in the grade of chief engineer to which the appellant could be promoted, nor did any such vacancy occur until July 4, 1880. On October 11, 1880, he was ordered to report for examination for promotion to the grade of chief engineer, and, upon examination, was found qualified, and on December 29, 1880, was promoted to the grade of chief engineer and received the pay of that grade from July 4, 1880. From October 25, 1868, to July 4, 1880, the appellant received the pay and emoluments of a first assistant engineer only. He claimed that for the period between the two dates just named, he was entitled to the pay of chief engineer, and brought his suit to recover for that period the difference between the pay and emoluments of a first assistant engineer and of a chief engineer. The Court of Claims dismissed his petition, and he appealed.

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