United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Kurtz, 164 U.S. 49 (1896)

United States v. Kurtz

No. 530

Submitted October 13, 1896

Decided October 26, 1896

164 U.S. 49

APPEAL FROM THE COURT OF CLAIMS

A clerk of a circuit court who is directed by the court to keep a criminal final record book, in which are to be recorded indictments, informations, warrants, recognizances, judgments, and other proceedings in prosecutions for violating the criminal laws of the United States, is not entitled, in computing folios, to treat each document, judgment, etc., as a separate instrument, but should count the folios of the record as one instrument continuously from beginning to end.

A clerk's right to a docket fee, as upon issue joined, attaches at the time such issue is in fact joined, and is not lost by the subsequent withdrawal of the plea which constituted the issue, and this rule applies to cases in which, after issue joined, the case is discontinued on nol. pros. entered.

When a list of the jurors, with their residences, is required to be made by the order or practice of the court, and to be posted up in the clerk's office or preserved in the files, and no other mode of compensating the clerk is provided, it may be charged for by the folio.

The clerk is also entitled to a fee for entering an order of court directing him as to the disposition to be made of moneys received for fines, and for filing bank certificates of deposit for fines paid to the credit of the Treasurer of the United States.