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SWAIM v. UNITED STATES

No. 33.

165 U.S. 553 (1897)

17 S.Ct. 448

41 L.Ed. 823

SWAIM v. UNITED STATES.

Supreme Court of United States.

Decided March 1, 1897.

Attorney(s) appearing for the Case

Mr. Benjamin Butterworth (on whose brief was Mr. Julian C. Dowell) and Mr. J.H. Gillpatrick for appellant.

Mr. Attorney General for appellees.

MR. JUSTICE SHIRAS, after making the foregoing statement, delivered the opinion of the court.

The theory of the claimant's petition was that the sentence of the court-martial was void, and hence constituted no defence to his action for his retained pay.

It was said by this court in Dynes v. Hoover, 20 How. 65, 82, that "with the sentences of courts-martial which have been convened regularly, and have...

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