Snyder v. Buck, Paymaster General of the Navy (340 U.S. 15)
U.S. Supreme Court · decided November 13, 1950 · Supreme Court Database (Spaeth)
- Citation
- 340 U.S. 15 · 71 S. Ct. 93
- Decided
- November 13, 1950
- Term
- October Term 1950
- Vote
- 5–4
- Majority author
- Justice Douglas
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. Petitioner sued in the District Court for a death gratuity under the Act of June 4,1920,41 Stat. 824, as amended, 34 U. S. C. § 943, claiming as the widow of a member of the naval service. Respondent, the defendant in the suit, was Paymaster General of the Navy. The relief asked was mandamus to compel him to pay the widow’s allowance. The District Court held for petitioner, ordering respondent to pay her the amount of the allowance. 75 F. Supp. 902. That judgment was entered January 30, 1948. On March 18, 1948, notice of appeal was filed in the name of Rear Admiral W. A. Buck, Paymaster General of the Navy. On March 1, 1948, however, Buck had been retired and Rear Admiral Edwin D. Foster had succeeded him in the office. Section 11 (a) of the Judiciary Act of 1925, 43 Stat. 936, 941, provided that “. . . where, during the pend-ency of an action . . . brought by or against an officer of the United States . . . and relating to the present or future discharge of his official duties, such officer dies, resigns, or otherwise ceases to hold such office, it shall be competent for the court wherein the action, suit, or proceeding is pending, whether the court be one of first instance or an appellate tribunal, to permit the cause to be continued and maintained by or against the successor in office of such officer, if within six…
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