Swancoat v. Remsen

Decided Circuit Court, S. D. New York
Disposition
modified
full scope
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Court
Circuit Court, S. D. New York
Decided
Judge
LACOMBE, Circuit Judge
Posture
Objection to marshal's bill for fees for serving summons and complaint
Plaintiff (1)
Richard J. Swancoat
Albert T. Patrick
v.
Defendantss (2)
Charles Remsen and others
Other parties: Marshal — Official whose fees are challenged

Overview

The court allowed the marshal reasonable compensation for serving the complaint at $1 per defendant when served with the summons, and disallowed doubling of mileage charges for serving multiple papers together.

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

Majority
opinion
LACOMBE, 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
Subject matter
Federal court jurisdiction over United States marshal's fees
Jurisdictional facts
  • Case involves interpretation of United States Revised Statutes regarding marshal fees

Procedural posture

Posture at trial
Objection to marshal's bill for fees for serving summons and complaint
Posture on appeal
Direct review of fee objections
Preserved issues
  • Objection to marshal's fees for serving complaint and mileage charges

Legal categories

Business

Case record

Full case name
SWANCOAT v. REMSEN et al.
Court
Circuit Court, S. D. New York
Trial court
Circuit Court, S. D. New York
Trial court judge
LACOMBE, Circuit Judge
Decided
Opinion author
LACOMBE, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
LACOMBE, Circuit Judge

Issues & holdings

2
Issues raised
2
modified
2
Holdings
Standard of review

de novo

Disposition rationale

Marshal entitled to reasonable compensation; $1 allowed when served with summons

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Mileage cannot be doubled for serving multiple papers together

Preservation

Issue preserved for review

Holdings of the court

Compensation for serving complaint
A United States marshal is entitled to reasonable compensation for serving a complaint, and where it is served together with the summons, a fee of one dollar will be allowed
The complaint is not enumerated in Section 829 of Revised Statutes, but no federal statute requires marshal to serve complaint without compensation; officer performing service is entitled to reasonable compensation; when served with summons, abatement from $2 charge is appropriate
unanimousbinding precedent
Mileage charges
When two papers in a cause are served together on the same party, mileage cannot be doubled by charging separately for each
Only a single expedition is required when papers are served together, making separate mileage charges unreasonable
unanimousbinding precedent

Statutory interpretation

3
Statute
Act May 28, 1896, § 6
Question
Disposition of marshal fees
Court's reading
Fees collected by marshal must be paid over to clerk of court
Canons applied
plain meaning
Statute
United States Revised Statutes Section 914
Question
Adoption of state practice
Court's reading
Adopts practice of state courts but not state fee bill for costs or official fees
Canons applied
plain meaning
Statute
United States Revised Statutes Section 829
Question
Compensation for serving legal papers
Court's reading
Provides $2 for serving summons but complaint not enumerated; does not prohibit compensation for serving complaint
Canons applied
expressio unius est exclusio alteriusreasonable interpretation

Standards of review

  • Interpretation of federal statutes regarding marshal fees — de novo Statutory interpretation reviewed de novo

Timeline

3
Events
267
Days, incident to ruling
—
Span
procedural eventcited in opinion

Marshal served summons and complaint on defendants in civil action

Service of process initiated the civil action and generated the fee dispute

Marshal · Defendants trial court
filingcited in opinion

Marshal submitted bill for fees including charges for serving summons and complaint

Fee bill triggered plaintiff's objections and the court's review

Marshal trial court
hearingcited in opinion

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

LACOMBE, Circuit Judge · Albert T. Patrick (plaintiff's attorney) · John E. Kennedy (marshal's attorney) Circuit Court, S.D. New York trial court

Facts & evidence

Key facts

5 facts
  1. Plaintiff objected to marshal's bill for fees for serving summons and complaint
  2. Marshal charged $2.12 per defendant for serving summons (including $2 service fee and 12 cents travel)
  3. Marshal charged additional $2.12 per defendant for serving complaint
  4. Total charge was $21.20 for 5 defendants
  5. Summons and complaint were served together at same time

Procedural history

4 steps
  1. Marshal served summons and complaint on defendants
  2. Marshal submitted bill for fees
  3. Plaintiff objected to the fees
  4. Court heard objections to marshal's fees

Evidence in the record

Documentary
  • Marshal's bill for fees showing charges for serving summons and complaint
Challenged
  • 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)

6 Op. Attys. Gen. 59
followedpersuasive
Cited as authority that officer performing service is entitled to reasonable compensation when statute silent
The Alice Tainter, 14 Blatchf. 227, Fed. Cas. No. 196
followedpersuasive
Cited as authority supporting reasonable compensation for marshal services
Crock. Sher. § 1144
followedpersuasive
Cited with cases supporting reasonable compensation for officer services

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
Index terms45
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Procedural terms
Entities and documentation
Legal actions
Action type
modified
Target
marshal's fee charges
Appealed from
marshal's submitted bill
Context
Court modified marshal's fee charges by allowing $1 per defendant for serving complaint (instead of $2.12) and disallowing double mileage charges
Scope
full
Further instructions
Marshal to collect reduced fees as determined reasonable by court
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