Saturday, December 28, 2013

United States v. Moser case brief

United States v. Moser case brief summary
266 U.S. 236 (1924)

CASE SYNOPSIS
Appellant United States filed an appeal from a Court of Claims judgment that upheld appellee naval officer's claim for additional retirement pay under the Naval Personnel Act of March 3, 1899, ch. 413, 30 Stat. 1004, 1007.

CASE FACTS
Three previous suits by appellee to recover additional retirement pay under the Navy Personnel Act of March 3, 1899 (Act), ch. 413, 30 Stat. 1004, 1007 were decided in appellee's favor. Between appellee's first and second suits, a similar action filed by another officer resulted in denial of that officer's claim under the Act. Appellant argued that such decision was binding on the trial court in appellee's latest action. The lower court held that its decision in the first action by appellee against appellant was res judicata and that the subsequent decision involving the claims of the other officer against appellant was irrelevant.

DISCUSSION
The appellate court affirmed, holding that the doctrine of res judicata applied because the action at bar involved the same parties and presented the same the question as that previously litigated and adjudicated in favor of appellee.

CONCLUSION
The appellate court affirmed the lower court's decision, holding that the first action between appellee and appellate involving the same question was res judicata and that the adjudication in favor of appellee in that action was binding without regard to a subsequent similar third-party claim resolved in appellant's favor.

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