United States v. Payne
| Decision Date | 06 March 1893 |
| Docket Number | No. 673,673 |
| Citation | 13 S.Ct. 442,37 L.Ed. 332,147 U.S. 687 |
| Parties | UNITED STATES v. PAYNE |
| Court | U.S. Supreme Court |
Sol. Gen. Aldrich, for the United States.
C. C. Lancaster, for appellee.
The assignments of error in this case relate to several petty items claimed to have been illegally allowed by the court below.
1. For making dockets and indexes, taxing costs, etc., in various suits, upon manufacturers' bonds under the internal revenue law, where issue was joined and testimony given, for which petitioner claimed three dollars in each case. Rev. St § 828, allows a fee of three dollars 'for making dockets and indexes, issuing venire, taxing costs, and all other services, on the trial or argument of a cause where issue is joined and testimony given;' and two dollars for similar services 'in a cause where issue is joined, but no testimony is given;' and one dollar 'in a cause which is dismissed or discontinued, or where judgment or decree is made or rendered without issue.' Objection is made to the taxation of three dollars in this case upon the ground that it does not appear that the testimony was given 'on the trial or argument' of the cause. If the allowance depended upon the first clause alone, it might be claimed with reason that it would be no hardship upon a public officer, who is entirely familiar with the statute, to bring himself within its terms, and to make it clearly appear that the services were rendered on the trial or argument of the cause; but, as the second clause is limited to cases where issue has been joined, but no testimony is given, and as, in this case, the issue was joined and testimony was given, we think it a reasonable inference that it was the intention of congress to allow three dollars in such case, or that it may be assumed that the testimony was given upon the trial or argument of the case, as required by the first clause. This item should therefore be allowed.
2. For entering orders of court for alias fi. fa., and for venditioni exponas, one folio each. While a writ of alias fi fa. is ordinarily issued upon a simple praecipe, it is perfectly competent for the district attorney to apply to the court for an order for that purpose, and, if such an order be made, the clerk is clearly bound to enter it, and is entitled to his fee therefor, whether such order be necessary or not, or, indeed, whether the court had any right to enter it or not. The propriety of such an order cannot be tested upon the application of the clerk for his fee for entering it.
3. For making record entries of recognizances of defendants, and entering and filing said recognizances. Recognizances may be taken either in open court, in which case a record entry of the fact is made upon the journal, or by a separate instrument, signed and acknowledged before a proper officer. In the one case the clerk is entitled to a fee for making the entry, and in the other for drawing and filing the...
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