Court of Claims, 1928

McNeil v. United States

Court of Claims · Decided January 9, 1928

64 Ct. Cl. 406; 1928 U.S. Ct. Cl. LEXIS 560; 1928 WL 2967

Counsel

Mr. Cornelius H. Bull for the plaintiff. King <& King were on the briefs., Mr. John G. Ewing, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant.

Opinion of the Court

*407MEMORANDUM BY THE COURT

This case is on all fours with the case of Strong v. United States, 60 C. Cls. 627. The statutes governing the Strong ease are the same as those which govern this case. There is no difference between the two cases. The pay and allowances of the plaintiff have been fixed by law. The officers of the Treasury have no authority to pay the officer until an appropriation therefor has been made. But the liability of the United States to pay exists independently of the appropriation, and may be enforced by proceedings in this court.

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