Hilborn v. United States

163 U. S. R., 342
Decided Supreme Court of the United States
Disposition
Decided
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Court
Court of Claims
Decided
Judge
Mr. Justice Brown
Posture
Judgment by the Court of Claims (27 C. Cls. R., 547)
Claimant (1)
Samuel G. Hilborn
v.
Defendant (1)
The United States

Overview

The decision of the court below is affirmed on the same grounds.

Case summary

This case involves an appeal by Samuel G. Hilborn regarding the calculation of a district attorney's maximum compensation of $6,000. The Supreme Court affirmed the decision of the Court of Claims, holding that 'assimilated fees' constitute 'emoluments of office' under Revised Statutes § 835 and must be included in the compensation limit. Furthermore, the Court clarified that the reporting requirements of § 833 are not restricted by § 834.

Abstract

The case concerns an appeal regarding the calculation of a district attorney's maximum compensation limit of $6,000, where the court held that assimilated fees constitute emoluments of office and must be included in that limit. The Supreme Court affirmed the lower court's decision, clarifying that reporting requirements are not restricted by another provision. The decision below was affirmed on the same grounds.

Opinion of the court

Majority
opinion
Mr. Justice Brown

Procedural posture

Posture at trial
Judgment by the Court of Claims (27 C. Cls. R., 547)
Posture on appeal
Direct appeal from the Court of Claims

Legal categories

Business

Case record

Full case name
Samuel G. Hilborn v. The United States
Docket number
163 U. S. R., 342
Court
Supreme Court of the United States
Trial court
Court of Claims
Decided
Opinion author
Mr. Justice Brown
Opinion type
published
Precedential status
binding
Judges on panel
Brown

Issues & holdings

2
Issues raised
2
affirmed
1
Holdings
Standard of review

De novo

Disposition rationale

The court agreed with the lower court's interpretation of the Revised Statutes.

Standard of review

De novo

Disposition rationale

The court held that section 833 is not modified or limited by section 834.

Holdings of the court

Inclusion of assimilated fees in compensation limit
Assimilated fees are emoluments of office and must be included in the $6,000 maximum compensation calculation.
The court interpreted the Revised Statutes § 835 as requiring all fees and emoluments of every name and character to be accounted for.
binding precedent

Statutory interpretation

2
Statute
Revised Statutes § 835
Question
Definition of emoluments of office regarding the $6,000 maximum compensation.
Court's reading
Assimilated fees are included as emoluments of office.
Statute
Revised Statutes § 833 and § 834
Question
Whether § 834 limits the reporting requirements of § 833.
Court's reading
Section 833 is not modified or limited by section 834.

Timeline

No timeline recorded.

Facts & evidence

Key facts

3 facts
  1. The case concerns the calculation of a district attorney's compensation.
  2. The dispute involves whether 'assimilated fees' are considered 'emoluments of office' for the purpose of the $6,000 maximum compensation limit.
  3. The case is a continuation of a previous trial reported at 27 C. Cls. R., 547.

Authorities

No authorities recorded.

Index terms15
Summary terms
Legal concepts
Legal issues
Search facets
Parties
Judges
Brown
Courts
Other recorded fields

Legal actions

Action type
affirmed
Target
Court of Claims judgment
Context
The Supreme Court affirmed the lower court's decision regarding the inclusion of assimilated fees in the compensation limit.
Scope
full