Legal Opinion

United States v. McCandless

Supreme Court of the United States

Decided March 6, 1893No. 900PublishedCited by 5 opinions

APPEAL PROM THE COURT OF CLAIMS. This was a petition by the clerk of the District Court for the "Western District of Pennsylvania for payment of certain .fees which. had been disallowed in the settlement of his accounts by the officers of the Treasury.

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APPEAL PROM THE COURT OF CLAIMS. This was a petition by the clerk of the District Court for the "Western District of Pennsylvania for payment of certain .fees which. had been disallowed in the settlement of his accounts by the officers of the Treasury. Petitioner averred the approval of his accounts by the court, and that his whole compensation, if said fees were paid, would not exceed the-maximum compensation of $3500. The -court directed a judgment to be entered in his favor for $171.15, and the United States' appealed.

1Opinion of the CourtJustice Brown

Objection was made to the following items, which will be considered in their order:

1. Sixteen days’ attendance on court when in session, .at $5 per day, not allowed because same days were charged and allowed in his accounts as a commissioner of the Circuit Court “for hearing and deciding on criminal charges.” In the.case of Erwin, just decided, {ante, 685,) we held that a district attorney was entitled to his per-diem for services before a commissioner, notwithstanding he was allowed a perdiem for his attendance upon the court on the same day. The reasons for double allowance in this case are…

2Cases cited2 opinions

  1. United States v. SaundersSupreme Court of the United States · 1887
  2. United States v. Van DuzeeSupreme Court of the United States · 1891

3Cited by5 opinions

  1. Ex Parte BrownIndiana Supreme Court · 1906
  2. Pack v. United StatesUnited States Court of Claims · 1906
  3. Lindsley v. City of DenverSupreme Court of Colorado · 1917
  4. United States v. KurtzSupreme Court of the United States · 1896
  5. Martorell v. LópezSupreme Court of Puerto Rico · 1931

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