United States v. Moser

266 U.S. 236 (1924)

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Nature of the Case

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Facts

Moser (P) was a cadet (this is wrong there were never any cadets at the Naval Academy; they all have the rank of midshipmen), during the Civil War. P retired forty years later and then sued for extra pay and benefit that were to be due him from serving in the Civil War. A statute provided that any officer of the Navy with a creditable record who served during the Civil War shall when retired be retired at a rank of the next higher grade. The United States contended that service at the Naval Academy did not constitute service during the Civil War. The Court of Claims found for P. In a later suit, the Court of Claims was tasked with a similar determination but discovered another statute, which was overlooked in P's case, and that statute denied the claim of that party. The Court of Claims applied res judicata to P when D tried not to pay subsequent retirement installments. D appealed.