United States v. Dickson
40 U.S. 141 (1841)

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U.S. Supreme Court

United States v. Dickson, 40 U.S. 141 (1841)

United States v. Dickson

40 U.S. 141

ERROR TO THE CIRCUIT COURT FOR THE

SOUTHERN DISTRICT OF MISSISSIPPI

Samuel W. Dickson, the defendant, was appointed by the President of the United States receiver of public money for the Choctaw District in the State of Mississippi, and entered on the duties of his office on 22 November, 1833, and retained the office, performing the duties thereof, until 26 July, 1836, having on that day resigned the same. The United States claimed a large balance as due to them, and the defendant paid, in Natchez, the whole sum alleged to be due by him, with the exception of the items charged to him in the

Page 40 U. S. 142

Treasury transcript which were the subject of controversy in this case.

A suit was instituted by the United States on the official bond of Samuel W. Dickson and his sureties in May, 1839, in the District Court of the United States for the Southern District of Mississippi, in which the United States claimed certain sums of money received by Samuel W. Dickson, as receiver, and not paid over to the United States. These sums were claimed by the defendant, and had been retained by him as his official compensation for the annual period of his service in the office from 22 November, 1833, and for the fraction of the last year in which he was in office, commencing on 22 November, 1835, and ending on 26 July, 1836, during which latter period he had received public money exceeding in amount $250,000.

On the trial of the cause, the court charged the jury that the defendant, Dickson, was entitled to credit for $3,000 as compensation, including his salary of $500 for the year commencing November 22, 1833, and ending November 22, 1834; that he was entitled to the same compensation for the year commencing November 22, 1834, and ending November 22, 1835, and for the fraction of the year between 22 November, 1835, and 26 July, 1836, he was entitled to $2,500 commissions. To this charge of the court the United States excepted, and prosecuted this writ of error, a verdict and judgment for the defendants having been given conformable to the opinion of this Court.

Page 40 U. S. 158

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