Mr. Justice Swayne delivered the opinion of the court. On the 12th'of April, 1869, the • appellee was appointed an assistant-surgeon in the navy of the Unitéd States. On the 24th of February, 1874; he was examined for promotion to the grade of surgeon* On the following day, he was notified by the Secretary of the Navy that the report of the board of -examiners…
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