Kurtz v. United States · 164 U.S. 49

Court

Supreme Court of the United States

Decided

Oct 26, 1896

Judge

Mr. Justice Brown

Posture

Judgment in favor of petitioner in the sum of $165.10 for fees earned as clerk and commissioner.

Defendant (1)

The United States

Plaintiff (1)

Edward Kurtz

Clerk and Commissioner of the Circuit Court for the Eastern District of Wisconsin

Overview

The judgment of the court below is reversed as to the folio charges and affirmed as to all other items.

Case summary

This case involved a dispute over fees claimed by Edward Kurtz, a clerk and commissioner of the Circuit Court. The Government appealed the trial court's allowance of several items, including folio charges, fees for cases without testimony, and fees for incidental services related to the handling of court funds. The Supreme Court reversed the trial court regarding the method of counting folios, holding that the record must be treated as a single instrument, but affirmed the allowance of all other disputed fees.

Abstract

The case disputed fees claimed by a court clerk and commissioner, including folio charges, fees for cases without testimony, and charges for incidental services related to court funds. The appellate court reversed the trial court's method of counting folios, holding that the record must be treated as a single instrument, but affirmed allowance of all other disputed fees. The judgment was reversed as to folio charges and affirmed as to all other items.

Procedural posture

Posture at trial

Judgment in favor of petitioner in the sum of $165.10 for fees earned as clerk and commissioner.

Posture on appeal

Direct appeal by the Government challenging the allowance of specific fee items.

Legal categories

Collections and Workers' Comp

Case record

Full case name

Edward Kurtz v. The United States

Docket number

164 U.S. 49

Court

Supreme Court of the United States

Decided

Oct 26, 1896

Opinion author

Mr. Justice Brown

Opinion type

published

Precedential status

binding

Judges on panel

Brown

Issues & holdings

Issues raised

reversed

affirmed

Holdings

Whether the clerk may charge 15 cents per folio for each document, judgment, or order separately, rather than counting the entire record as one continuous instrument.

reversed

Standard of review

de novo

Disposition rationale

The statute intends for the entire record to be treated as one instrument for folio counting purposes.

Whether a $2 fee is allowable in a cause where issue is joined but no testimony is given, specifically where a plea of not guilty is withdrawn and a plea of guilty is entered.

affirmed

Standard of review

de novo

Disposition rationale

The court sustained the allowance of the fee.

Whether a $2 fee is allowable where a case is discontinued upon a nolle prosequi after issue is joined.

affirmed

Standard of review

de novo

Disposition rationale

The court sustained the allowance of the fee.

Whether a folio charge is allowable for recording names and residences of jurors while acting with a jury commissioner under the Act of June 30, 1879.

affirmed

Standard of review

de novo

Disposition rationale

The court sustained the charge.

Whether the 1% commission for receiving and paying out money covers all incidental services, such as entering orders and filing certificates of deposit.

affirmed

Standard of review

de novo

Disposition rationale

The commission compensates for the responsibility of handling money, not for all incidental clerical services.

Holdings of the court

Folio counting for court records

The entire record must be counted as one instrument.

The statute requires the record to be treated as a history of the case, constituting a single instrument.

non-binding

Clerk's fees for handling money

The 1% commission does not preclude separate fees for incidental clerical services.

The commission is for the responsibility of handling funds, not for the performance of specific clerical tasks.

non-binding

Timeline

No timeline recorded.

Facts & evidence

Key facts

3 facts

Kurtz sought fees for services as clerk and commissioner of the Circuit Court.
The trial court allowed several disputed fee items.
The Government appealed the allowance of specific items including folio charges, fees for cases where no testimony was given, and fees for handling money and jury records.

Authorities

No authorities recorded.

Index terms17

Summary terms

Legal mechanisms

Legal issues

Legal actions

Action type

reversed

Context

The Supreme Court reversed the lower court's ruling on the method of counting folios for court records.

Action type

affirmed

Context

The Supreme Court affirmed the lower court's allowance of fees for cases without testimony, jury record keeping, and incidental clerical services.

Search facets

Parties

Judges

Brown

Courts