Opinion
No. 272, Submitted with No. 205.
Submitted April 14, 1898. Decided May 9, 1898.
Mr. Assistant Attorney General Pradt for appellants.
Mr. W.W. Dudley, Mr. L.T. Michener and Mr. F.P. Dewees for appellee.
Appeal from the Court of Claims.
This case, like the preceding, is one for the recovery by a district attorney for services rendered in a Court of Appeals outside the limits of his district. But in this record there is a distinct finding by the Court of Claims that the certificate required by section 365, Revised Statutes, was not given. We are constrained, therefore, under United States v. Crosthwaite, 168 U.S. 375, to hold that the judgment cannot be sustained.
The order will be that the judgment be reversed and the case remanded to the Court of Claims for further proceedings.