Fagan v. Cullen
U.S. Circuit Court for the District of Eastern Michigan
This was an informal appeal from the taxation of costs. In delivering the execution to the marshal, the clerk minuted on the back, in addition to the amount of the judgment, interest, and costs, a charge of $18.15 for clerk’s commission on the amount of the judgment. Defendant paid the amount of the execution to the marshal, and requested the opinion of the court as to whether the clerk was entitled to a commission. The matter was submitted without argument.
1Opinion of the CourtBrown, J.
By Eev. St. § 828, the clerk is entitled, “for receiving, keeping, and paying out money, in pursuance of any statute or order of the court, one per centum on the amount so received, kept, and paid.” It is clear that, although a fund may be subject to a decree of the court, yet the clerk is not entitled to his commission thereon unless the money be actually paid into court, or passes under his control. This was said of a fund in the hands of an administrator which had been the subject of litigation. There had been no order that the fund should be paid into court; and, although it was subject…
2Cases cited2 opinions
- Ex parte PlittU.S. Circuit Court for the District of Eastern Pennsylvania · 1853
- In re GoodrichU.S. Circuit Court for the District of Eastern Arkansas · 1878
3Cited by3 opinions
- Johnson v. Southern Building & Loan Ass'nU.S. Circuit Court for the District of Western Arkansas · 1899
- Northwestern Mut. Life Insurance v. QuinnU.S. Circuit Court for the District of Western Michigan · 1895
- D. B. Martin Co. v. ShannonhouseDistrict Court, E.D. North Carolina · 1913