Gilbert v. United States
United States Court of Claims
On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, William W. Gilbert, was a commissioner of the circuit court of the United States for the northern district of New York from the 15th day of October, 1890, to the 80th day of June, 1896, duly qualified and acting. II.
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On the Proofs. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, William W. Gilbert, was a commissioner of the circuit court of the United States for the northern district of New York from the 15th day of October, 1890, to the 80th day of June, 1896, duly qualified and acting. II. During said period be kept a docket in which be entered the separate and distinct proceeding's before him. in 316 criminal cases heard and decided on behalf of the United States, consisting of the name of affiant and official position; name of…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
The Revised Statutes (sec. 847) recognized the necessity of commissioners keeping dockets and prescribed docket fees.
The Supreme Court in the case of United States v. Van Duzee (140 U. S. R., 169) decided that these fees were exclusive; that is to say, that the docket fee of $1 or of $2 or of $3 excluded additional compensation for making docket entries.
By the Act 4th August, 1886, Congress abolished docket fees. Faris's Case (23 C. Cls. R., 374).
If the history of the law stopped at this point, it might be said that the docket fees of $1, $2, or…
2Cases cited3 opinions
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
- United States v. Van DuzeeSupreme Court of the United States · 1891
- Faris v. United StatesUnited States Court of Claims · 1888
3Cited by2 opinions
- Adams v. CommissionerUnited States Tax Court · 1979
- Adams v. CommissionerUnited States Tax Court · 1979