United States v. Harmon
147 U.S. 268 (1893)

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U.S. Supreme Court

United States v. Harmon, 147 U.S. 268 (1893)

United States v. Harmon

No. 649

Submitted January 8, 1893

Decided January 16, 1893

147 U.S. 268

Syllabus

In a suit brought by a marshal against the United States under the Act of March 3, 1887, c. 359, 24 Stat. 505, to recover $1,770.60 as fees and disbursements of the marshal, from March, 1886, to October, 1888, the items having been disallowed by the First Comptroller, held that the circuit court of the United States had jurisdiction to review items disallowed by the First Comptroller before March 3, 1887, although, by § 2 of the act, jurisdiction was withheld of claims which had theretofore "been rejected or reported on adversely by any court, department, or commission authorized to hear and determine the same."

Items for marshal's fees for distributing venires, and for amounts paid for blanks for United States attorney, and for amounts charged for marshal's travel to attend court on days when the courts were held by adjournment over an intervening day, and were not held on consecutive days, and to attend special courts or special terms of court, and for expenses in endeavoring to make an arrest, and for travel to serve precepts where he had in his hands for service, several precepts against different persons for different causes and made service of two or more of such precepts in the course of one trip, making one travel to the most remote point of service but charging full travel on each precept, and for amounts paid for hack hire in transporting prisoners to and from court, allowed.

Whether the payment of the amount of the judgment in favor of the marshal will exceed the maximum compensation of the plaintiff as marshal and the proper expenses of his office is a matter still open for adjustment at the Treasury Department.

Page 147 U. S. 269

The circuit court had a right, under § l5 of the act of 1887, to award certain costs to the plaintiff, considering the frivolous and vexatious nature of the objections taken to the greater part of this claim.

The case is stated in the opinion.

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