United States v. McCandless - 147 U.S. 692 (1893)


U.S. Supreme Court

United States v. McCandless, 147 U.S. 692 (1893)

United States v. McCandless

No. 900

Submitted January 9, 1893

Decided March 6, 1893

147 U.S. 692

Syllabus

There is no legal objection to the same person's holding the offices of clerk and of commissioner of a circuit court, and the person so holding them is entitled to the fees and emoluments of both.

The court disallows the following charges by a clerk of a district court:

(1) Docket fees where the grand jury returned "not true bill."

(2) Docket fees where the case is not finally disposed of.

(3) A charge for miscellaneous fees, entering orders of court, making copies, certificates, and seals, as being too general.

(4) A charge for issuing commitments to jail in addition to copy of order of removal, as being too indefinite.

(5) An item for entering orders of court approving accounts of officers, and copies of certificates and seals.

This was a petition by the Clerk of the District Court for the Western District of Pennsylvania for payment of certain fees which had been disallowed in the settlement of his accounts by the officers of the Treasury. Petitioner averred the approval of his accounts by the court, and that his whole compensation, if said fees were paid, would not exceed the maximum compensation of $3,500. The court directed a judgment to be entered in his favor for $171.15, and the United States appealed.

Page 147 U. S. 693



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