This was a petition originally filed by Thomas W. Sweeny, brigadier general on the retired list of the army, to recover the sum of $182.05, charge against him by the United States, as to which amount he was claimed to be in arrears, and paid by him under protest. The petitioner having died after the commencement of the action, the appellee was admitted to prosecute the claim, as administratrix.

The case was argued and submitted in May, 1893, and the petition dismissed. Claimant applied for a rehearing, which was granted, and the case again submitted, and decided by a majority of the court in her favor. Judgment was thereupon entered in the sum of $182.05, and the court made a finding of facts, of which the following is a summary:

On December 3, 1846, Thomas W. Sweeny, appellees intestate, being at that time a lieutenant in the second New York volunteers, was mustered into the military service of the United States, under the act of May 13, 1846, authorizing the president to accept the services of 50,000 volunteers for the prosecution of the existing war between the United States [1