United States Court of Claims December 15, 1868 (Phelps v. United States)

Milligan, J.,

delivered the opinion of the court:

In July, 1861, the plaintiff in this action alleges he was mustered as captain into the military service of the United States, and that he served in that capacity until April, 1862, when he was promoted to the rank of major, and as such duly commissioned.