United States v. Erwin
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. This was a petition by the District Attorney of the United States for the Southern District of Georgia for services rendered in conducting examinations of persons charged with crime before United States commissioners upon the same days that attendance upon the Circuit or District Courts was charged.
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APPEAL PROM THE COURT OP CLAIMS. This was a petition by the District Attorney of the United States for the Southern District of Georgia for services rendered in conducting examinations of persons charged with crime before United States commissioners upon the same days that attendance upon the Circuit or District Courts was charged. The court found as a conclusion of law that the. plaintiff was entitled to recover, and awarded judgment in his favor for $215. The United States appealed. .
1Opinion of the Court
Mr. Justice Brown,
after stating the case, delivered the. opinion of the court.
This case depends upon the single question whether a District Attorney is entitled to charge á per-diem for services before a United States commissioner upon the same day that he is allowed a per-diem for attendance iipon the court.
By'Rev. Stat. § 821, he is allowed $5 “for each, day-of his necessary attendance in a court of the United States, on the business of the United States, when the court is held at the place of his abode, . . . and for his attendance when the court is held elsewhere, $5 for each day of the…
2Cases cited1 opinion
- United States v. JonesSupreme Court of the United States · 1890
3Cited by2 opinions
- Commonwealth Ex Rel. Shoemaker v. ThomasSupreme Court of Pennsylvania · 1937
- United States v. McMahonSupreme Court of the United States · 1896