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Allen v. United States, 204 U.S. 581 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Allen v. United States, 204 U.S. 581 (1907)
Allen v. United States No. 192 Argued January 29. 30.1907 Decided February 25, 1907 204 U.S. 581
APPEAL FROM THE COURT OF CLAIMS
Syllabus
Under § 1986, Rev.Stat., a commissioner of the United States is not entitled to any fees for drawing complaints or jurats thereto charging offenses under ch. 7, Title 70, Rev.Stat., unless the complaints are served; there is no case within the meaning of § 1986 unless there be an arrest and examination. The fee provided by § 1986 covers all services, and unless earned, the commissioner gets no other and is not entitled to compensation under § 847, Rev.Stat., which as well as § 823 and 828 are supplanted in this class of cases by § 1986.
Where the United States commissioner is also supervisor of election, he is not entitled to compensation for certifying the complaints from himself in one capacity to himself in another capacity under § 2027, Rev.Stat.
When a commissioner applies on an account for an additional sum for services in which he has already been improperly allowed certain amounts, the United States may counterclaim for the amount already so allowed as an offset against the amount actually due the commissioner notwithstanding the approval of his account by the United States Circuit Court, "subject to revision by the accounting officers of the United States Treasury," and, under § 1059, Rev.Stat., and § 1, cl. 2 of the Act of March 3, 1887, c. 359, the counterclaim may include payments made after the filing of the commissioner’s claim.
26 Ct.Cl. 445 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Allen v. United States, 204 U.S. 581 (1907) in 204 U.S. 581 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3M5IB85ZEUYCNXL.
MLA: U.S. Supreme Court. "Syllabus." Allen v. United States, 204 U.S. 581 (1907), in 204 U.S. 581, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3M5IB85ZEUYCNXL.
Harvard: U.S. Supreme Court, 'Syllabus' in Allen v. United States, 204 U.S. 581 (1907). cited in 1907, 204 U.S. 581. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3M5IB85ZEUYCNXL.
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