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UNITED STATES V. MORRISON, 96 U. S. 232 (1877)

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United States v. Morrison, 96 U.S. 232 (1877)

United States v. Morrison

96 U.S. 232


1. A quartermaster of a regiment of cavalry, who also serves as acting assistant commissary, is entitled to the additional compensation of $100 per annum provided for by sec. 1261 of the Revised Statutes.

2. As such quartermaster receives no compensation for staff service separate from that of rank, he does not, within the meaning of the army regulations, receive pay for his staff appointment.

Morrison, the appellee, a lieutenant in the tenth regiment of cavalry, was appointed regimental quartermaster, and his appointment approved June 30, 1875. On the same day, Hunt, a second lieutenant in the regiment, was promoted to be first lieutenant in the place of Morrison, "appointed regimental quartermaster." On the 22d October, 1875, Morrison, "in addition to his other duties," was "assigned to duty as assistant commissary of post," and by virtue of that appointment served as acting assistant commissary from Nov. 1, 1875, to and including, Feb. 28, 1877. He has been paid in full as quartermaster, but nothing in addition as acting assistant commissary. This action is brought to recover at the rate of $100 a year for the extra service. The court below gave judgment in his favor for $133.33, whereupon the United States appealed here.

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