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UNITED STATES V. MOSER, 266 U. S. 236 (1924)

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U.S. Supreme Court

United States v. Moser, 266 U.S. 236 (1924)

United States v. Moser

No. 99

Argued October 21, 1924

Decided November 17, 1924

266 U.S. 236

Syllabus

1. While the doctrine of res judicata does not apply to unmixed questions of law, a fact or right distinctly adjudged cannot be disputed in a subsequent action between the same parties, even upon another demand and though the original determination was reached upon an erroneous view or application of the law. P. 266 U. S. 241.

2. A determination of the status of an individual upon which his right to recover depends is as conclusive as a decision upon any other matter. P. 266 U. S. 242.

3. Where a retired naval officer had obtained judgments in the Court of Claims for installments of increased pay under an Act of March 3, 1899, providing

"that any officer of the Navy . . . who served during the civil war, shall, when retired, be retired with the rank and three-fourths the sea pay of the next higher grade,"

and sued there again for another installment, held that the government was estopped from maintaining that his service during the civil war as a cadet in the Naval Academy was not service within the meaning of the statute, that question having been determined against it in the previous litigation. Id.

58 Ct. Clms. 164 affirmed. chanroblesvirtualawlibrary

Page 266 U. S. 237

Appeal from a judgment of the Court of Claims upholding the claim of a naval officer for pay. chanroblesvirtualawlibrary

Page 266 U. S. 239





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