Thomas v. Chicago & C. S. Ry. Co.
U.S. Circuit Court for the District of Eastern Michigan
On petition of Walter S. Harsha, clerk of the circuit court, for an order to pay money into court. This was a bill of foreclosure, upon which a decree for the sale of the property had been passed and executed.
Read the full summary
On petition of Walter S. Harsha, clerk of the circuit court, for an order to pay money into court. This was a bill of foreclosure, upon which a decree for the sale of the property had been passed and executed. The decree, which was entered at the March term, 1888, directed that “out of the money which shall come into his hands as the proceeds of said sale the said master shall pay the expenses of said sale, and complainant’s costs in this suit, as the same shall he taxed, and such allowances, if any, as may be made by this court; and the residue of such money, if any remains after final…
1Opinion of the CourtBrown, J.
While this is nominally an effort to compel the performance of a duty enjoined by statute, viz., the deposit of money with a designated depositary, it is in reality a proceeding to collect the commission of the clerk upon the moneys so deposited: By Eev. St. U. S. § 995, “all moneys paid into any court of the United States, or received by the officers thereof, in any cause pending or adjudicated in such court, shall be forthwith deposited with the treasurer, an assistant treasurer, or a designated depositary of the United States, in the name and to credit of such court: provided, that nothing…
2Cases cited4 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- Ex parte PlittU.S. Circuit Court for the District of Eastern Pennsylvania · 1853
- In re GoodrichU.S. Circuit Court for the District of Eastern Arkansas · 1878
- Ex parte PrescottU.S. Circuit Court for the District of New Hampshire · 1814
3Cited by9 opinions
- In re Michigan Cent. R. Co.Court of Appeals for the Sixth Circuit · 1903
- Johnson v. Southern Building & Loan Ass'nU.S. Circuit Court for the District of Western Arkansas · 1899
- Michigan Cent. R. v. HarshaCourt of Appeals for the Sixth Circuit · 1904
- Northwestern Mut. Life Insurance v. QuinnU.S. Circuit Court for the District of Western Michigan · 1895
- S. Morgan Smith Co. v. Rockingham Power Co.U.S. Circuit Court for the District of Western North Carolina · 1909
4 more not listed; retrieve them via the Exa API.