Waddell v. Morris
New York Supreme Court
Error from the superior court of the city of New-York. Morris sued Waddell in the court below, to recover a proportion of an allowance made to the latter, as marshal of the southern district of New-York, as a custody fee upon certain jewels alleged to belong to, and claimed in behalf of the Princess of Orange, which had been seized by Morris, while marshal of the same district, and which remained in his possession from 23d July, 1831, until the 16th or 17th November of the…
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Error from the superior court of the city of New-York. Morris sued Waddell in the court below, to recover a proportion of an allowance made to the latter, as marshal of the southern district of New-York, as a custody fee upon certain jewels alleged to belong to, and claimed in behalf of the Princess of Orange, which had been seized by Morris, while marshal of the same district, and which remained in his possession from 23d July, 1831, until the 16th or 17th November of the same year, at which time he was succeeded in the office of marshal by Waddell, and when he delivered the jewels to his…
1Opinion of the Court
By the Court,
Sutherland, J.
The custody fee to the marshal was taxed in this case, under the 4th section of the act “ for regulating process in the courts of the United States, and providing compensation for the officers of said court,” &c. 2 vol. U. S. Laws, 301, Bioren & Duane’s ed. That section, so far as it relates to this subject, is as follows: “ The marshal shall have the custody of all vessels and goods seized by any officer of the revenue, and shall be allowed such compensation therefor as the court may judge reasonable.” The law, it will be perceived, prescribes no rule or standard…
2Cases cited2 opinions
- The Rugen .—BuhringSupreme Court of the United States · 1816
- Ex parte RobbinsU.S. Circuit Court for the District of Rhode Island · 1814
3Cited by2 opinions
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Sickle v. MarshNew York Supreme Court · 1872