Legal Opinion

United States v. Payne

Supreme Court of the United States

Decided March 6, 1893No. 673PublishedCited by 12 opinions

APPEAL FROM THE COURT OF CLAIMS. This was a petition for fees by the cleric of the- District and Circuit Courts of the United States for the "Western District of North Carolina. The petition averred that the accounts had been duly presented to the accounting officers of the Treasury, and payment thereof refused, although such accounts had been duly presented and approved by the court in accordance with law.

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APPEAL FROM THE COURT OF CLAIMS. This was a petition for fees by the cleric of the- District and Circuit Courts of the United States for the "Western District of North Carolina. The petition averred that the accounts had been duly presented to the accounting officers of the Treasury, and payment thereof refused, although such accounts had been duly presented and approved by the court in accordance with law. The court found the facts in favor of the petitioner and directed judgment in his behalf for $538.50, and the United States appealed. As the court found a large number of items in favor of…

1Opinion of the CourtJustice Brown

The assignments of error in this case relate to several petty items claimed to have been illegally allowed by the court below.

1. For making dockets and indexes, taxing costs, etc., in various suits, upon manufacturers’ bonds under the internal revenue law, where issue was joined and testimony given, for which petitioner claimed $3 in each case. Eevised Statutes, § 828, allows a fee of $3 “for making dockets'and indexes, issuing venire, taxing costs, and all other services, on the trial or argument of a cause where issue is joined and testimony-given,”' and $2 for similar services “ in a cause…

2Cases cited3 opinions

  1. United States v. StoneSupreme Court of the United States · 1865
  2. Winder v. CaldwellSupreme Court of the United States · 1853
  3. United States v. BarberSupreme Court of the United States · 1891

3Cited by12 opinions

  1. Defense Supplies Corp. v. Lawrence Warehouse Co.Supreme Court of the United States · 1949
  2. Hollister v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  3. Collin County Nat. Bank of McKinney v. HughesCourt of Appeals for the Eighth Circuit · 1907
  4. Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904
  5. Hunt v. United StatesSupreme Court of the United States · 1897

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