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UNITED STATES V. KELLY, 82 U. S. 34 (1872)

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U.S. Supreme Court

United States v. Kelly, 82 U.S. 15 Wall. 34 34 (1872)

United States v. Kelly

82 U.S. (15 Wall.) 34

Syllabus

A soldier who had deserted but was restored to duty by order of his department commander, without trial, on condition that he make good the time lost (about two months), and who complied with the condition and was honorably discharged at the expiration of his term of service, held entitled to bounty money notwithstanding his desertion.

This was an appeal by the United States from a judgment of the Court of Claims in favor of one Kelly, lately a soldier in the army of the United States, for an unpaid balance of bounty money.

The claim was denied by the pay department on the ground that the bounty had been forfeited by desertion. chanroblesvirtualawlibrary

Page 82 U. S. 35

The case as found by the court was that the petitioner had deserted, but was restored to duty by order of his department commander, without trial, on condition that he make good the time lost, about two months; that he complied with the condition, and was honorably discharged at the expiration of his term of service. chanroblesvirtualawlibrary

Page 82 U. S. 36





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