Berkman v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The case is stated in the opinion. This practice of taking one per cent, deprives the bailor of plaintiffs in error of his property without due process of law, and takes his property without compensation.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The case is stated in the opinion. This practice of taking one per cent, deprives the bailor of plaintiffs in error of his property without due process of law, and takes his property without compensation. If we have the absolute right to give bail, defendants having been surrendered to answer the judgment of the court, the letter of the bond has been satisfied and the bailor has the absolute right to the return of his security, and any taking of part or all of the same by the court on any pretext…
1Opinion of the CourtJustice McReynolds
Section 828, U. S. Revised Statutes, which specifies the compensation to be taxed and allowed to clerks of District Courts, among other things provides: “For receiving, keeping, and paying out money, in pursuance of any statute or order of court, one per centum on the amount so received, kept, and paid.”
In each of the criminal causes entitled The United States v. Emma Goldman and The United States v. Alexander Berkman, some days subsequent to defendants’ arrest-(June, 1917), evidently upon applications in their behalf consented to by the District Attorney, the court below directed “That the…
2Cases cited3 opinions
- Lamar v. United StatesSupreme Court of the United States · 1916
- Brolan v. United StatesSupreme Court of the United States · 1915
- Rakes v. United StatesSupreme Court of the United States · 1909
3Cited by8 opinions
- Quong Ham Wah Co. v. Industrial Accident Comm'n of Cal.Supreme Court of the United States · 1921
- United States v. WilliamsDistrict Court, W.D. Washington · 1922
- Grammer v. FentonCourt of Appeals for the Eighth Circuit · 1920
- Harjo v. KunkleSupreme Court of the United States · 1921
- Amoskeag Mfg. Co. v. GagneDistrict Court, D. New Hampshire · 1936
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