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Nicholas v. United States, 257 U.S. 71 (1921)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Nicholas v. United States, 257 U.S. 71 (1921)
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Nicholas v. United States No. 10 Argued October 6, 1921 Decided November 7, 1921 257 U.S. 71
APPEAL FROM THE COURT OF CLAIMS
Syllabus
1. A person who has been removed from a place in the classified civil service, by the proper authority but without charges or opportunity to answer, in violation of § 6 of the Act of August 24, 1912, c. 389, 37 Stat. 555, cannot recover subsequent salary attached to the position if he has not been diligent in asserting his rights. P. 75. United States v. Wickersham, 201 U.S. 390, distinguished.
2. After summary removal, without charges, from the office of Inspector of Customs, claimant did nothing for his vindication for three years, when he sued for the salary since accrued. Held that he had abandoned his title, and could not recover. P. 76.
53 Ct. Clms. 463; 55 id. 188, affirmed.
Appeal from a judgment of the Court of Claims in a suit to recover the emoluments of an office accruing after appellant’s unlawful removal from it. See also post,77, 82.
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Chicago: U.S. Supreme Court, "Syllabus," Nicholas v. United States, 257 U.S. 71 (1921) in 257 U.S. 71 257 U.S. 72. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=7NMLFJKHNGHQ8EF.
MLA: U.S. Supreme Court. "Syllabus." Nicholas v. United States, 257 U.S. 71 (1921), in 257 U.S. 71, page 257 U.S. 72. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7NMLFJKHNGHQ8EF.
Harvard: U.S. Supreme Court, 'Syllabus' in Nicholas v. United States, 257 U.S. 71 (1921). cited in 1921, 257 U.S. 71, pp.257 U.S. 72. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=7NMLFJKHNGHQ8EF.
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