United States v. Taylor
147 U.S. 695 (1893)

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U.S. Supreme Court

United States v. Taylor, 147 U.S. 695 (1893)

United States v. Taylor

No. 795

Submitted January 9, 1893

Decided March 6, 1893

147 U.S. 695




Only one fee is allowed for taking the acknowledgment of a defendant and his sureties unless it be made to appear that it was necessary to take them separately.

A clerk may charge for copies of the orders of the court directing the marshal to pay witnesses and jurors, but not for affixing seals to such copies.

No charge can be made for filing orders from the district attorney discharging witnesses from attendance.

A fee may be charged for an affidavit of a witness as to his mileage and attendance, but this affidavit need not be filed.

The rule, settled in United States v. King, ante,147 U. S. 676, that proceedings before a commissioner form no part of the record applies to affidavits. Generally anything not necessary to support the validity of the judgment is presumptively no part of the record, however material it may have been in the progress of the case.

The Comptroller cannot prescribe the length of capiases or bonds or limit a clerk to a certain number of folios.

This was a petition by the Clerk of the Circuit Court of the United States for the Eastern District of Tennessee for fees earned between July 1, 1887, and December 23, 1889, which had been disallowed in the settlement of the accounts rendered by him to the Treasury Department. The court directed judgment to be entered in his favor for $1,066, 45 F. 531, and the United States appealed.

Page 147 U. S. 696

MR. JUSTICE BROWN, after stating the facts in the foregoing language, delivered the opinion of the Court.

The government objected to the allowance by the court below of the following items:

1. For taking acknowledgments in criminal cases of defendants and their sureties to appeal bonds. It appears by the petition that these acknowledgments were taken jointly, and under the case of United States v. Ewing,140 U. S. 142, 140 U. S. 146,

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