Overview
Case summary
In Swancoat v. Remsen, the plaintiff objected to the United States marshal's bill for fees for serving a summons and complaint in a civil action. The marshal charged $2.12 per defendant for serving the summons (including $2 service fee and 12 cents travel) and an additional $2.12 per defendant for serving the complaint, totaling $21.20 for 5 defendants. The court held that while Section 829 of the United States Revised Statutes specifically enumerates compensation for serving summons but not complaints, the marshal is entitled to reasonable compensation for serving complaints since no federal statute requires such service without pay. However, when the complaint is served together with the summons, requiring only one expedition, the reasonable fee is reduced to $1 per defendant for the complaint service. The court also ruled that mileage cannot be doubled by charging separately for each paper when they are served together.
Abstract
Plaintiff objected to United States marshal's bill charging separate fees and doubled mileage for serving summons and complaint on multiple defendants. Court held marshal entitled to reasonable compensation for serving complaint even absent specific statutory enumeration, but reduced fee to $1 per defendant when served together with summons in one expedition. Court disallowed doubling mileage charges for serving multiple papers together.
Opinion of the court
opinionLACOMBE, Circuit Judge
- Marshal entitled to reasonable compensation for serving complaint despite not being enumerated in Section 829
- $1 reasonable when complaint served with summons
- Mileage cannot be doubled for serving multiple papers together
Jurisdiction
not challenged- Case involves interpretation of United States Revised Statutes regarding marshal fees
Procedural posture
- Objection to marshal's fees for serving complaint and mileage charges
Legal categories
Case record
Issues & holdings
de novo
Marshal entitled to reasonable compensation; $1 allowed when served with summons
Issue preserved for review
de novo
Mileage cannot be doubled for serving multiple papers together
Issue preserved for review
Holdings of the court
Statutory interpretation
3Standards of review
- Interpretation of federal statutes regarding marshal fees — de novo Statutory interpretation reviewed de novo
Timeline
Marshal served summons and complaint on defendants in civil action
Service of process initiated the civil action and generated the fee dispute
Marshal submitted bill for fees including charges for serving summons and complaint
Fee bill triggered plaintiff's objections and the court's review
Court heard objections made by plaintiff to marshal's fees
Outcome: Court ruled on allowable fees
Judicial determination of proper marshal compensation under federal law
Facts & evidence
Key facts
5 facts- Plaintiff objected to marshal's bill for fees for serving summons and complaint
- Marshal charged $2.12 per defendant for serving summons (including $2 service fee and 12 cents travel)
- Marshal charged additional $2.12 per defendant for serving complaint
- Total charge was $21.20 for 5 defendants
- Summons and complaint were served together at same time
Procedural history
4 steps- Marshal served summons and complaint on defendants
- Marshal submitted bill for fees
- Plaintiff objected to the fees
- Court heard objections to marshal's fees
Evidence in the record
- Marshal's bill for fees showing charges for serving summons and complaint
- Evidence type: Marshal's fee charges · Challenge basis: Reasonableness under federal law · Trial court ruling: partially admitted · Reasoning: Court allowed reduced compensation for complaint service and disallowed double mileage · Challenged on appeal: false · Appellate outcome: not applicable
Authorities
Cited authorities (3)
Statutes
- Act May 28, 1896, § 6
- United States Revised Statutes Section 829
- United States Revised Statutes Section 914
Standards & doctrines
- Reasonable compensation for government services
- Federal preemption of state fee regulations
Legal principles applied
- Officer performing service entitled to reasonable compensation when statute silent
- No doubling of charges when single expedition serves multiple purposes