United States v. Ebbs
District Court, W.D. North Carolina
In this case a rule for retaxation of costs was granted*upon a motion founded upon an affidavit of the defendant, who had pleaded guilty. A copy of the rule was duly served upon the marshal, and he filed an answer in support of the costs as taxed, and the matter was heard in open court.
1Opinion of the Court
Dick, I). J.
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 ivas 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.(8) 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 it appears in…
2Cases cited5 opinions
- United States v. SchumannU.S. Circuit Court for the District of California · 1866
- State v. . JamesSupreme Court of North Carolina · 1878
- State v. . HoustonSupreme Court of North Carolina · 1877
- United States v. ScrogginsU.S. Circuit Court for the Northern District of Georgia · 1879
- State v. . Martha QueenSupreme Court of North Carolina · 1872
3Cited by1 opinion
- Ex parte ChanceDistrict Court, N.D. Texas · 1933