MICHAEL J. GREALISH v. THE UNITED STATES.
[No. 14311.
Decided June 1, 1885.]
On the Proofs.
An ordnance storekeeper is on duty as acting assistant commissary. He is not paid the $100 per annum provided hy the Act 15th July, 1870.
An ordnance storekeeper assigned to duty as acting'commissary of subsist-en ce is entitled to $100 per annum under the Aotlith July, 1870 (RE Stat. L., p. 320; Rev. Stat., § 1261).
The Reporters’ statement of the case:
The following are the facts of the case as found by the court: I. The claimant is an ordnance storekeeper of the Commissary Department of the Army, and has been so since 1867. He was on duty as acting assistant commissary ,of subsistence from December 1, 1867, to August 9,1876, and from May 15, 1876, to March 31, 1884. He has not been paid for such serv*487ice tbe $100 per annum provided by the act of July 15,1870, ch. 294, sec. 24 (16 Stat. L., 320), and Eevised Statutes, sec. 1261.
Mr. B. B. Warden for the claimant.
Mr. F. H. Howe (with whom was the Assistant Attorney-General) for the defendants.
Richardson, Ch. J.,
delivered the opinion of the court:
The claimant, an officer of the Army, having been acting assistant commissary, which is nob of itself an office, but only an assignment to additional duty, for which a compensation of $100 a year is allowed by Eevised Statutes, sec. 1261, is entitled to recover that amount for the sis years immediately previous to bringing this action. The case is ruled by that of Morrison v. The United States (13 C. Cls. R., 1; affirmed on appeal, 96 U. S. R., 232).
No recovery can be had in this court for any period earlier than said six years, by reason of the statute of limitations prescribed in Eevised Statutes, sec. 1069.
Judgment will be entered in favor of the claimant for $600.