Cavender v. Cavender
U.S. Circuit Court for the District of Eastern Missouri
Motion to retax clerk’s costs for a transcript, on appeal to the supreme court. The clerk had collected 15 cents per folio for a transcript, and a like rate for an appeal bond drawn by the attorneys, and also a fee for approval of the bond in open court by the judges.
1Opinion of the Court
Treat, D. J.
The clerk has a right to demand payment of his costs as they are earned, without waiting for the final determination of the suit on appeal or otherwise. This, as has been repeatedly decided in this circuit, rests on the controlling fact that he must answer to the'United States for fees earned, as if collected; and, consequently, if he chooses to give credit therefor, he is none the less answerable than if the cash were received. Hence he has a légal right to exact payment for work done as it progresses, and is not bound to forward or deliver the results of his work until they are…
2Cited by9 opinions
- McIlwaine v. EllingtonU.S. Circuit Court for the District of Western North Carolina · 1900
- Hotsradt v. Delaware, L. & W. R. R.U.S. Circuit Court for the District of Middle Pennsylvania · 1910
- United States v. MarshCourt of Appeals for the Fifth Circuit · 1901
- Marsh v. United StatesDistrict Court, N.D. Florida · 1898
- United States v. OliphantCourt of Appeals for the Third Circuit · 1916
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