Legal Opinion

United States v. Tanner

Supreme Court of the United States

Decided March 6, 1893No. 335PublishedCited by 44 opinions

APPEAL FROM THE COURT OF CLAIMS. This was a petition to recover for services as marshal of the United States for the Southern District' of Illinois in executing certain warrants of commitment of prisoners, to the penitentiary at Chester,' Illinois.

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APPEAL FROM THE COURT OF CLAIMS. This was a petition to recover for services as marshal of the United States for the Southern District' of Illinois in executing certain warrants of commitment of prisoners, to the penitentiary at Chester,' Illinois. The claims were.‘for travel fees in the service of the warrants, and were disallowed- by the comptroller upon, the ground that a claim for mileage had already been allowed for as “ transportation ” for the deputies .who executed the writs. The fifth finding of fact was that “ prior to or about the first of October, 1885, it had been the usual…

1Opinion of the CourtJustice Brown

This is a claim by a marshal for travel fees in serving warrants of commitment to a penitentiary. ■ The claim is made under that clause of Rev. Stat. §'829, which allows “for travel, in going only, to serve any process, warrant, attachment or other writ, including writs of subpoena in civil or criminal cases, six cents a mile, to be computed from the place where the process is returned to the place of service, or when more than one person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others/’ An…

2Cases cited3 opinions

  1. United States v. GrahamSupreme Court of the United States · 1884
  2. Swift & Co. v. United StatesSupreme Court of the United States · 1882
  3. United States v. HarmonSupreme Court of the United States · 1893

3Cited by44 opinions

  1. Fairbank v. United StatesSupreme Court of the United States · 1901
  2. State v. Mutual Life InsuranceIndiana Supreme Court · 1910
  3. Deweese v. SmithCourt of Appeals for the Eighth Circuit · 1901
  4. Hemmer v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  5. Walker v. United StatesU.S. Circuit Court for the District of Middle Alabama · 1905

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