Butler v. United States
District Court, D. Indiana
The facts in the above-entitled cause are stated in the finding of the court as follows: (1) The court finds that the material averments of the petition and the facts alleged therein are true.
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The facts in the above-entitled cause are stated in the finding of the court as follows: (1) The court finds that the material averments of the petition and the facts alleged therein are true. (2) And the court finds that Nohle O. Butler, the petitioner, was on the filing of the petition, and is now, a citizen and resident of the city of Indianapolis and state of Indiana, and that the petitioner was on and before the first day of January, 1897, and has been ever since, and is now, clerk of the circuit and district courts of the United States for the district of Indiana, duly appointed,…
1Opinion of the Court
BAKER, District Judge.
The chief question in this case may be stated as follows: Is a clerk of a United States circuit or,district court, which is, by express terms of the statutes, “always open” for the transaction of the business which is described therein, who is required to attend and attends on the transaction of such business by a judge or judges of the court under the authority of these statutes, upon days that are not within or any part of a regular term, entitled to attendance fees, under other statutes that allow such fees to him on days when “business is actually transacted in…
2Cases cited31 opinions
- United States v. TynenSupreme Court of the United States · 1871
- United States v. GoldenbergSupreme Court of the United States · 1897
- Bate Refrigerating Co. v. SulzbergerSupreme Court of the United States · 1895
- Frost v. WenieSupreme Court of the United States · 1895
- Hadden v. CollectorSupreme Court of the United States · 1867
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3Cited by3 opinions
- Thorn v. BrowneCourt of Appeals for the Eighth Circuit · 1919
- Yarbrough v. Armour & Co.Alabama Court of Appeals · 1943
- United States v. WarrenSupreme Court of Oklahoma · 1903