
    ADAM BADEAU v. THE UNITED STATES.
    [No opinion in C. Cls.; 130 U. S. R., 439.]
    
      On doth parties' Appeals.
    
    This is the claim of a retired army officer accepting pay under an appointment in the consular service, for salary as an officer in the army; the defendants set up as a' counter-claim money already paid him as salary while-so acting.
    The court below dismiss the claimant’s petitibn and the counter-claim of the defendants by a divided court.
    Phe decision of the court below is affirmed, the Supreme Court holding:
    (1) A retired officer accepting pay under’ an appointment in the diplomatic or consular service is thereby precluded from receiving salary as an Army officer.
    
      (2) Aii officer whose name is placed on the retired list of the Army by the Secretary of War, in apparent compliance with provisions of law, is an officer de facto if not dejure, and money paid to him as salary can not be recovered back by the United States.
   Mr. Chief Justice Fullee

delivered the opinion of the Supreme Court, April 15,1889.  