
    LIPPITT’S CASE.
    (14 C. Cls. R., 148; 100 U. S. R., 663.)
    Francis J. Lippitt, appellee, v. The United States, appellants.
    
      On the defendants' Appeal.
    
    
      A colonel on duty with, Ms regiment in California is ordered to report at headquarters in San Praneiseo, there to await further orders. He does so, hut is not assigned to duty. He claims commutation for quarters, <fc. The Secretary of War, more than six years after the claim accrued, refers it to the court below.
    
    The court below decides that -the claimant was entitled to commutation, and that the statute of limitations cannot he set up against a claim referred by the head of a department. Judgment for the claimant. The defendants appeal.
    The judgment of the court below is affirmed, and upon the same grounds.
   Mr. Justice Harlan

delivered the opinion of the Supreme Court, March 22, 1880.  