Logourl black

United States v. Moser

United States Supreme Court
266 U.S. 236 (1924)


Moser (plaintiff) was a cadet at the Naval Academy during the Civil War. Upon retirement as a captain, he sued the United States (defendant) in the Court of Claims for the difference between the pay of a captain and a rear admiral pursuant to a United States statute. The statute provided that any retired officer of the Navy who served during the Civil War would receive the pay of the next higher rank. The United States argued that Moser’s service at the Naval Academy did not constitute service during the Civil War, and thus, the statute did not apply. However, the court entered judgment in favor of Moser. Thereafter, in a suit by Jasper, a similarly situated plaintiff, the Court of Claims considered a statute it had ignored in Moser’s case and denied Jasper recovery. In three subsequent actions by Moser, including this action, for later installments of salary, the Court of Claims declined to follow the Jasper case on the grounds that its judgment in Moser’s original action concluded the question as to the application of the statute to Moser. The United States appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.


The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Sutherland, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 91,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,498 briefs - keyed to 168 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now