In re Goodrich
U.S. Circuit Court for the District of Eastern Arkansas
Certain questions as to the right of the clerk to commissions on money ordered to be paid into court, and as to the party liable to" pay such commissions, were submitted on the following agreed case: “Several writs of mandamus have issued from this court against the city of Little Rock, in favor of different parties, commanding the city to levy a certain tax for the purpose of paying off the judgments upon which the writs of mandamus were issued, and ordering that, when, the…
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Certain questions as to the right of the clerk to commissions on money ordered to be paid into court, and as to the party liable to" pay such commissions, were submitted on the following agreed case: “Several writs of mandamus have issued from this court against the city of Little Rock, in favor of different parties, commanding the city to levy a certain tax for the purpose of paying off the judgments upon which the writs of mandamus were issued, and ordering that, when, the tax so levied shall have been collected,, the same shall be paid into the registry of this court, for the purpose of…
1Opinion of the Court
DILLON, Circuit Judge.
“For receiving, keeping, and paying out money, in pursuance of any statute or order of court,” the clerk is entitled to “one per centum on the amount so received, kept, and paid.” Rev. St. § 82S. The one per cent thus allowed is for compensation to the clerk for the trouble and responsibility of actually receiving, keeping, and paying out money.
On the facts submitted, I am of opinion that the clerk is not entitled to a commission on moneys which, although ordered to be, were not, in fact, paid to him under the writs of mandamus.
If a party adjudged to pay money, instead *604of…
2Cases cited1 opinion
- Upton v. TribilcockSupreme Court of the United States · 1875
3Cited by9 opinions
- Howard v. United StatesSupreme Court of the United States · 1902
- The VernonDistrict Court, E.D. Michigan · 1888
- Thomas v. Chicago & C. S. Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1889
- Farmers' Loan & Trust Co. v. DartCourt of Appeals for the Fifth Circuit · 1898
- Johnson v. Southern Building & Loan Ass'nU.S. Circuit Court for the District of Western Arkansas · 1899
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