Legal Opinion

Faucett v. United States

United States Court of Claims

Decided February 9, 1891No. 16681Published

The Reporters’ statement of the case: The following are the facts of this ease as found by the court: I. The claimant, William H. Faucett, was a commissioner of the Circuit Court of the United States for the western district of North Carolina from February 18, 1886, to May 27, 1889, duly qualified and acting. II.

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The Reporters’ statement of the case: The following are the facts of this ease as found by the court: I. The claimant, William H. Faucett, was a commissioner of the Circuit Court of the United States for the western district of North Carolina from February 18, 1886, to May 27, 1889, duly qualified and acting. II. During said period he made up his accounts for services in criminal cases, duly verified, and presented them to the United States court for approval in the presence of the district attorney, and an order approving said accounts was entered of record. His accounts were then presented…

1Opinion of the CourtSoofield, J.

Item 1. This item is made up of fees for issuing temporary warrants. That these warrants were properly issued is not satisfactorily shown. They appear to have been issued because the marshal handed his warrant to the commissioner on his first appearing before him with the prisoner, instead of retaining it and guarding the prisoner during the examination. The commissioner allowed this to be done, and issued a temporary warrant for the prisoner’s detention.

In defense of this practice the counsel for the claimant, in his printed brief, says :

“ When the marshal brings the prisoner before the…

2Cases cited6 opinions

  1. United States v. JonesSupreme Court of the United States · 1890
  2. Turner v. United StatesUnited States Court of Claims · 1884
  3. Harper v. United StatesUnited States Court of Claims · 1886
  4. Gilbert v. United StatesUnited States Court of Claims · 1888
  5. Churchill v. United StatesUnited States Court of Claims · 1889

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