Legal Opinion

In re Pitman

U.S. Circuit Court for the District of Rhode Island

Decided June 15, 1852PublishedCited by 6 opinions

Burrington Anthony, lately marshal of the United States for the district of Rhode Island, filed liis jietition, stating that, as marshal, he received from the treasuiy of the United States, and jiaid to [John T. Pitman] the clerk of this court large sums of money, from time to time claimed by him for feus due to him from the Uuited States; that subsequently. on a settlement of his accounts witli tlie treasury, various items of the clerk’s accounts, which had been thus jiaid,…

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Burrington Anthony, lately marshal of the United States for the district of Rhode Island, filed liis jietition, stating that, as marshal, he received from the treasuiy of the United States, and jiaid to [John T. Pitman] the clerk of this court large sums of money, from time to time claimed by him for feus due to him from the Uuited States; that subsequently. on a settlement of his accounts witli tlie treasury, various items of the clerk’s accounts, which had been thus jiaid, were disallowed, and the petitioner has thus overpaid to the clerk, the sum of twenty-live hundred dollars. He prays…

1Opinion of the Court

CUIIT1S, Circuit Justice.

The first exception is “because the master has assumed that the terms of his commission confer on him no authority, to go into the private personal affairs of the parties, but must be confined to accounts between them, arising from their official capacities as officers of the court.’" This exception must be overruled. Not only the terms of the order of reference, but the nature of the proceeding, required the master to limit his action to accounts growing out of the official relations and conduct of the parties, as will be more fully stated in disposing of another…

2Cases cited1 opinion

  1. Justices of the Inferior Court v. BivinsSupreme Court of Georgia · 1849

3Cited by6 opinions

  1. Boyd v. GlucklichCourt of Appeals for the Eighth Circuit · 1902
  2. United States v. AnonymousUnited States Circuit Court · 1884
  3. In re CaryDistrict Court, S.D. New York · 1882
  4. In re MayDistrict Court, E.D. Michigan · 1880
  5. In re ManningDistrict Court, S.D. New York · 1890

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