Court of Claims, 1904

Legg v. United States

Court of Claims · Decided December 20, 1904

40 Ct. Cl. 115; 1904 U.S. Ct. Cl. LEXIS 4; 1904 WL 858

Counsel

Mr. William E. Harvey and Mr. William B. King for the claimant. Messrs. George A. and William B. King were on the brief., Mr. George M. Anderson (with whom Avas Mr. Assistant Attorney-General Pradt) for the defendants.

Opinion of the Court

Per Curiam :

The status of a soldier at the time when the furlough period began governs in such cases. If the soldier was then sick and incapacitated for duty, whether with the regiment or in a hospital or at his home, he can not be considered as *117having received a furlough. If he became sick after the furlough period began and after he had received a furlough, the sickness was his misfortune, and he can not be considered as then on duty.

The judgment of the court in this case is that the claimant recover $125.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.