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McAllister v. United States, 141 U.S. 174 (1891)

McAllister v. United States

No. 238

Argued March 24, 1891

Decided May 25, 1891

141 U.S. 174


A person appointed by the President, by and with the advice and consent of the Senate, under the provisions of the Act of May 17, 1884, 23 Stat. 24, c. 53, § 3, to be the judge of the District Court of the District of

Page 141 U. S. 175

Alaska, is not a judge of a court of the United States within the meaning of the exception in § 1768 of the Revised Statutes, relating to the tenure of office of civil officers, and was, prior to its repeal, subject to removal before the expiration of his term of office by the President, in the manner and upon the conditions set forth in that section.

The case is stated in the opinion.

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