United States v. Royer, 268 U.S. 394 (1925)

United States v. Royer


No. 359


Argued April 30, 1925
Decided May 25, 1925
268 U.S. 394

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. To constitute an officer de facto, it is not essential that there shall have been an attempted exercise of competent or prima facie power of appointment. P. 396.

2. The facts that the commanding general recommended an officer’s promotion and notified him of his subsequent appointment, and that the officer accepted the office and performed its duties by direction of his superiors, are evidence that a vacancy in that rank existed. P. 397.

3. Claimant, having been recommended by the commanding general during the war for promotion from the office of lieutenant to that of major, and having assumed that rank by direction of the general based on notice from the adjutant general’s office that the appointment had been made, and having performed his duties and received his pay as major, was a major de facto, although the actual appointment was to a captaincy, and he could not be required thereafter to refund the amount received in excess of captain’s pay. P. 397.

59 Ct.Cls.199 affirmed.

Appeal from a judgment of the Court of Claims allowing recovery of an amount deducted from the pay of an army officer.