Ex parte Engles

Suit by Henry H. McMullen against the United States to recover fees for attending court. The court of claims gave judgment for defendant. 24 Ct. Cl. 394. Plaintiff appeals. Affirmed.

Statement by Mr. Justice HARLAN

The appellant was United States marshal for the district of Delaware from February 1, 1880, to July 24, 1885. The terms of the district court for that district began on the second Tuesdays in January, April, June, and September in each year, and continued until the Friday or the day preceding that for opening the next succeeding term. The terms of the circuit court began on the third Tuesdays in June and October in each year, and continued until the Tuesday or the day preceding that for opening the next succeeding term.

It is found by the court of claims (finding 2) that the appellant, as marshal, 'attended the circuit and district courts when in session, during the terms of said courts, nine hundred and five days;' that those days were charged by him in his account at $5 per day; that the account, being verified, was approved by the court as just, and in accordance with law, but its payment was refused at the treasury department; and that appellant's whole compensation, if the above charges were added, would not have exceeded in any one year the maximum of $6,000.

Finding 7 was in these words: 'Claimant has been paid in full at the rate of $5 per day for every day whilst the circuit and district courts of the United States in the state of Delaware were sitting or in session, from and including October term, 1879, to and including June term, 1885. The 905 days referred to in finding 2 were days occurring between sessions of the courts.'

C. C. Lancaster, for appellant.

Asst. Atty. Gen. Cotton, for the United States.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.