United States v. Fitch
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern División of the Western District of Michigan. This was an action by Charles L. Fitch, clerk of the United States circuit court, against the United States, to recover fees. Plaintiff recovered judgment in the district court. Defendant appeals.
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Appeal from the District Court of the United States for the Southern División of the Western District of Michigan. This was an action by Charles L. Fitch, clerk of the United States circuit court, against the United States, to recover fees. Plaintiff recovered judgment in the district court. Defendant appeals. There was a finding of facts in the court below, upon the case as made there, which it is unnecessary to restate in full, because the assignment of errors is confined to three items of the clerk’s account involved in the controversy; and as to one of these the error is confessed on the…
1Opinion of the CourtHammond, J.
(after staling the facts). The judgment of the court below in favor of the clerk for $113.40, referred to in the first of these items, must be affirmed. A cleric is entitled, under flu; statute, to a fee ‘‘for entering any return, rule, order, continuance, judgment, decree or recognizance, or drawing any bond, or making any record, ceriiiicate, return or report, for each folio, fifteen cents.” Rev. St. § 828. And if is further provided that “the term ‘folio’ in this chapter shall mean one hundred words, counting each figure as a. word. When there are over fifty and under one hundred words…
2Cases cited5 opinions
- Bussey v. Excelsior Manufacturing Co.Supreme Court of the United States · 1884
- Clyde v. United StatesSupreme Court of the United States · 1871
- United States v. FletcherSupreme Court of the United States · 1893
- United States v. KnoxSupreme Court of the United States · 1888
- Clough v. United StatesU.S. Circuit Court for the District of Western Tennessee · 1893