MIMMACK v. UNITED STATES


97 U.S. 426 (____)

MIMMACK v. UNITED STATES.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Albert Pike for the appellant.

The Attorney-General, contra.


MR. JUSTICE CLIFFORD delivered the opinion of the court.

Nothing short of a written resignation to the President, or the proper executive department, by a commissioned officer of the army, navy, or marine corps, and the acceptance of the same duly notified to the incumbent of the office, in the customary mode, will of itself create a vacancy in such an office, or prevent the incumbent, if the President consents, from withdrawing...

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