Hazeltine Research Corp. v. Freed-Eisemann Radio Corp.

MACK, Circuit Judge.

The question here involved is whether or not the clerk of the District Court, prior to the Act of February 11, 1925 (Comp. St. Supp. 1925, §§ 1383a-1383h), was entitled to a fee of 1 per cent., pursuant to R. S. § 828 (Comp. St. § 1383), on redelivery of United States Treasury certificates and of national bank certificates of deposit payable to the clerk’s order, all deposited with him pursuant to court order, under which he was to deposit them in such depository as the court might direct.

Section 828 provides: “For receiving, keeping, and paying out money, in pursuance of…