MR. JUSTICE WOODS delivered the opinion of the court. After stating the facts in the language above reported, he continued.
It appears from the findings of the Court of Claims that from October 25, 1868, to July 4, 1880, there was no vacancy in the grade of chief engineer to which the appellant could have been promoted even had he been examined and found qualified. His position in this suit is, therefore, that he is entitled to the pay of an office for a period during...
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