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2 Ill. Ct. Cl. 6

Buckner v. State

Court of Claims of Illinois

Decided September 28, 1906

Court of Claims of Illinois · decided 1906-09-28

<p>Military Service — when award will be made for injuries received in. Claimant served the State prior to his muster into the service of the United States, and following the case of Krueger v. State, 1 Court of Claims Rep., 336, is entitled to an award.</p>

Decided 1906-09-28

¶1The claimant, Benjamin Buckner, on the 28th day of June, 1898, as a member of Company “I” of the Eighth Regiment of the Illinois Volunteer Infantry, was called into the service of the State, and on the 18th day of July of said year was mustered into the service of the United States.

¶2He now claims, that there is due him from the State, for said services, the sum of $61.00. The evidence, however, shows that he was in the service of the State twenty days, and under the statute of the State of Illinois, was entitled to $2.00 per day, or a total of $40.00 for such services.

¶3The evidence further shows, that he has received, as part payment for the said services, the sum of $10.40, which leaves a balance of $29.60, lawfully due him.

¶4The questions of law raised in this case are the same as those considered in the case of Krueger v. State, 1 Court of Claims Report, 336, and the reasons for allowing that claim apply to this.

¶5We accordingly award to said Benjamin Buckner, the sum of $29.60, the amount shown by the evidence to be due him.

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