Ex parte Prescott
U.S. Circuit Court for the District of New Hampshire
At this term a petition was filed by G. W. Prescott, Esq., the clerk of the district court of the district of New Hampshire, in behalf of himself and of the late clerk of said court, praying that a monition might issue to Messrs.
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At this term a petition was filed by G. W. Prescott, Esq., the clerk of the district court of the district of New Hampshire, in behalf of himself and of the late clerk of said court, praying that a monition might issue to Messrs. Prince and Deland, prize agents of the private armed ship America, to bring into court, out of the prize proceeds of the ship St. Lawrence and cargo, the amount of the commissions, due to said clerk, of one and one quarter per cent, upon said proceeds, the same having been paid over to said agents upon a decree of final condemnation executed by this court in…
1Opinion of the Court
STOItY, Circuit Justice.
The act of the 1st of March, 1793, c. 20, § 2, revived by the act of 2Sth of February, 1799, c. 125, § 3 [1 Story’s Laws, 570: 1 Stat. 023, c. 19], provides that in all cases of admiralty jurisdiction, the clerk of the disti’ict court shall, among other fees, be entitled to one and one quarter per cent, on “all money deposited in court.” The single question presented for decision is, whether the proceeds of the St. Lawrence and cargo were, within the meaning of this clause, “deposited in court” If so, then the clerk is entitled to his commission; if otherwise, then his…
2Cited by6 opinions
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- Wells Fargo Bank v. Mesh SutureCourt of Appeals for the Tenth Circuit · 2022
- Thomas v. Chicago & C. S. Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1889
- Easton v. Houston & T. C. Ry. Co.U.S. Circuit Court for the District of Eastern Texas · 1891
- Michigan Cent. R. v. HarshaCourt of Appeals for the Sixth Circuit · 1904
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