Legal Opinion

United States v. Ebbs

District Court, W.D. North Carolina

Decided November 15, 1881Published

At Law. Prosecution on a criminal charge. On a rule for the re-taxation of costs.

1Opinion of the Court

Dick, District Judge.

The exceptions presented in the affidavit to the costs taxed before the commissioner are as follows: (1) The marshal charges for service of the warrant when there was no valid service. (2) The marshal charges expenses for 14 days in endeavoring to arrest the defendant, when the defendant might have been easily arrested, as he made no effort to evade the process of the law. (3) The marshal charges for attending the court of the commissioner, and guarding the defendant, when there was no necessity for such service, as the defendant was upon bail.

As to the first exception,…

2Cases cited5 opinions

  1. United States v. SchumannU.S. Circuit Court for the District of California · 1866
  2. State v. . JamesSupreme Court of North Carolina · 1878
  3. State v. . HoustonSupreme Court of North Carolina · 1877
  4. United States v. ScrogginsU.S. Circuit Court for the Northern District of Georgia · 1879
  5. State v. . Martha QueenSupreme Court of North Carolina · 1872

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