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eBook details

• Title: Alphonso Wetmore, Plaintiff in Error v. the United States
• Author : United States Supreme Court
• Release Date : January 01, 1836
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

This is a writ of error from the district court of the United States for the district of Missouri, to have a judgment reversed, which was rendered for the United States, against the plaintiff in error. It was admitted on the trial, that the defendant had served as paymaster of the army, duly appointed as such, from the 24th April 1816, to the 31st May 1831. That the amount claimed from him by the United States was the difference between the pay and emoluments allowed by the accounting officers of the treasury to the defendant, and the amount claimed and retained by him during the period of his service. The defendant had retained the pay and emoluments allowed by law to officers of the general staff of the army, of the rank of major. Upon the trial, the defendant offered as evidence two army registers; one published by the adjutant and inspector-general of the army in August 1816, the other published in 1831, which had been delivered to himself and other officers of the army. In both, the officers of the pay department are arranged as belonging to or appertaining to the general staff of the army. He also offered as evidence a general order, issued by the major-general commanding in chief, dated at head quarters of the army, adjutant-general's office, Washington, the 11th June 1832; which directs, that the general staff is to include the officers of the pay department. These registers, and the general order, the court refused to allow to be read as evidence to the jury; and no further evidence being offered by the defendant, he moved the court to instruct the jury:

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