MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
From the finding of facts sent up with this appeal we are clearly of the opinion that Dr. Taylor did not "continue in service until the end of the war," within the meaning of the Resolutions of Congress of October 21, 1780, and of March 22, 1783, under which the claim in this case is made. When he accepted his appointment in the regiment of guards, January 9, 1779, he ceased to be a supernumerary surgeon...
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