MR. JUSTICE BLATCHFORD delivered the opinion of the court.
He recited the facts in the language used above, and then said:
So far as regards the time after June 15th, 1877, the fact that Goldman was appointed by the president, by and with the advice and consent of the senate, a second lieutenant in the 5th cavalry, in the place of the appellant, from June 15th 1877, and was commissioned as such, and accepted and held the appointment, is a bar to the suit of...
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