Legal Opinion

Blake v. Hawkins

U.S. Circuit Court for the District of Eastern North Carolina

Decided November 15, 1883PublishedCited by 4 opinions

At June term, 1883, the complainants recovered a judgment against the defendants for $29,355, and costs. Thereupon, before an execution was issued, the defendants paid into the clerk’s office the amount of the judgment and costs, except a commission of 1 per cent., which the clerk claimed under Rev. St. § 828; the defendants denying the right of the clerk to any commission, and claiming that, in any view, they were not liable for it.

1Opinion of the CourtSeymour, J.

At June term a final judgment was rendered in the above case in favor of the plaintiffs and against the defendants. The defendants have paid the amount of the judgment to the clerk of this court, who has paid said amount to the plaintiffs; reserving, however, the question of his commissions, and the amount claimed by him, $293.55, which is retained by the plaintiff’s attorneys, to await the decision of this court upon the- question whether these commissions ought to be paid out of the recovery, or by the de*205fendants. The question depends upon the construction to he put hv the court upon…

2Cases cited2 opinions

  1. In re GoodrichU.S. Circuit Court for the District of Eastern Arkansas · 1878
  2. Peyton v. BrookeSupreme Court of the United States · 1805

3Cited by4 opinions

  1. Gulf Refining Co. of La. v. NorvellSupreme Court of the United States · 1925
  2. Leary v. United StatesCourt of Appeals for the Fourth Circuit · 1919
  3. Northwestern Mut. Life Insurance v. QuinnU.S. Circuit Court for the District of Western Michigan · 1895
  4. United States v. Pennsylvania R.Court of Appeals for the Fourth Circuit · 1922

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