
    JEFFERSON F. MOSER v. THE UNITED STATES.
    [49 C. cas. R., 285 ; 239 U. S. R., 658.]
    
      On the defendants’ appeal.
    
    The plaintiff, a retired naval officer, instituted this suit to recover the difference between the retired pay of a rear admiral of the nine lower numbers, and that of a captain, the pay actually allowed him from January 1, 1907, to March 6, 1912, contending that he should have been retired with the rank of rear admiral of the lower nine numbers pursuant to section 11 of the act of March 3, 1899, 30 Stat. L., 1007.
    The court below decides:
    The service as a cadet at the Naval Academy constitutes service during the Civil War within the meaning of the act of March 3, 1899, 30 Stat. L., 1007, allowing him to retire with the rank and pay of the next higher grade.
    When a suit has been tried in a court of competent jurisdiction it is a legal presumption amounting to a conclusion that every issue of law involved in it has been tried and decided and the rule of res judicata is applicable.
    As to the right of the plaintiff to recover the difference between the retired pay of a rear admiral of the nine lower numbers, and that of captain, the pay actually paid him from January 1, 1907, to March 6, 1912, the case of Moser v. The United States, 42 C. of Cls., 86, is here reaffirmed and followed, the questions involved being res judicata.
    
   Appeal dismissed December 17, 1915.  