United States v. Smith
Supreme Court of the United States
APPEALS FROM THE COURT OF CLAIMS. These were cross-appeals from certain allowances and dis-allowances in the accounts of the claimant, who was district attorney of the United States for the Territory of New Mexico from January 1, 1886, to December 31, 1888. His accounts for the services performed by him during that time were duly rendered, with vouchers and items, to the-proper District Court, and were duly approved by said court in the sum of $19,230.80, as just and…
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APPEALS FROM THE COURT OF CLAIMS. These were cross-appeals from certain allowances and dis-allowances in the accounts of the claimant, who was district attorney of the United States for the Territory of New Mexico from January 1, 1886, to December 31, 1888. His accounts for the services performed by him during that time were duly rendered, with vouchers and items, to the-proper District Court, and were duly approved by said court in the sum of $19,230.80, as just and according to law. The accounts were afterwards presented to the Treasury Department and certified as correct to the amount…
1Opinion of the CourtJustice Brown
This case involves the question whether the three items of travel fees, per diems, and extra services should be included in the fee and emolument account of the district attorney, as belonging to the “ fees, charges, and emoluments ” to which a district attorney is .entitled by. reason of the discharge of the duties of his office. Rev. Stat. §§ 833 and 834. .If these items are included, his compensation would exceed the maximum allowed by law, and he would not be entitled to the excess. The Court of Claims held that he was entitled to his travel fees but not to the other items.
The case…
2Cases cited1 opinion
- United States v. FletcherSupreme Court of the United States · 1893
3Cited by27 opinions
- State Ex Rel. Banker v. ClausenWashington Supreme Court · 1927
- Jones v. United StatesUnited States Court of Claims · 1925
- Taxpayers' League of Carbon County v. McPhersonWyoming Supreme Court · 1936
- Sutherland v. International Ins. Co. of New YorkCourt of Appeals for the Second Circuit · 1930
- Jose Obando-Segura v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2021
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