UNITED STATES V. MCMAHON, 164 U. S. 81 (1896)

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U.S. Supreme Court

United States v. McMahon, 164 U.S. 81 (1896)

United States v. McMahon

Nos. 856-857

Argued October 21, 1896

Decided November 2, 1896

164 U.S. 81


The fees to which a marshal is entitled, under Rev.Stat. § 829, for attending criminal examinations in separate and distinct cases upon the same day and before the same commissioner, are five dollars a day, but when he attends such examinations before different commissioners on the same day, he is entitled to a fee of two dollars for attendance before each commissioner.

A special deputy marshal, appointed under Rev.Stat. § 2021, to attend

Page 164 U. S. 82

before commissioners and aid and assist supervisors of elections, is entitled to an allowance of five dollars per day in full compensation for all such services. The marshal of the Southern District of New York, who transports convicts from New York City to the state penitentiary in Erie County in the Northern District of New York, is entitled to fees at the rate of ten cents per mile for the transportation, instead of the actual expense thereof. A marshal is not entitled to a fee of two dollars for serving temporary and final warrants of commitment.

These were writs of error sued out by both parties to review a judgment of the Circuit Court of Appeals for the Second Circuit affirming, except in one particular, a judgment of the Circuit Court for the Southern District of New York for $4843.60 in favor of the petitioner McMahon, for fees and disbursements as marshal for that district from July 7, 1885, to January 12, 1890. The opinion of the court of appeals is found in 26 U.S.App. 687.

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