Legal Opinion

McMullen v. United States

Supreme Court of the United States

Decided December 5, 1892No. 55PublishedCited by 7 opinions

APPEAL FROM THE COURT OF CLAIMS. The appellant was United States marshal for the District of Delaware from February 1,1880.to July 24,1885. The terms of the District Court for that district began on the second Tuesdays in January, April, June and September in each year, and continued until the Friday or the day preceding that for opening thé next succeeding term.

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APPEAL FROM THE COURT OF CLAIMS. The appellant was United States marshal for the District of Delaware from February 1,1880.to July 24,1885. The terms of the District Court for that district began on the second Tuesdays in January, April, June and September in each year, and continued until the Friday or the day preceding that for opening thé next succeeding term. The terms of tbe Circuit Court began on the third Tuesdays in 'June and October in each year, and continued until the Tuesday or the day preceding that for opening the next succeeding term. It is found by the Court of Claims (Finding…

1Opinion of the CourtJustice Harlan

We are somewhat embarrassed by the obscurity of the findings of fact. The second one states that appellant attended the Circuit and District Courts, “ when in session,” during the terms of those courts, nine hundred and five days, while .the seventh states that those were days occurring “between sessions of the courts.” But we assume that the question intended to be presented, and which was determined below, involved the right of a marshal to compensation at the rate of $5 per day, for each day of a term,, whether the court was or was not actually in session or sitting on each day so charged.…

2Cases cited1 opinion

  1. United States v. JonesSupreme Court of the United States · 1890

3Cited by7 opinions

  1. United States v. NixSupreme Court of the United States · 1903
  2. United States v. PitmanSupreme Court of the United States · 1893
  3. United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
  4. Campbell v. United StatesCourt of Appeals for the Eighth Circuit · 1895
  5. Ackiss v. United StatesUnited States Court of Claims · 1896

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