· 3/6/2018
Applicability of the Miscellaneous Receipts Act to an Arbitral Award of Legal Costs
Syllabus
An arbitral award of legal costs does not qualify as a refund for purposes of the \refunds to appropriations\ exception to the Miscellaneous Receipts Act. The Millennium Challenge Corporation therefore must deposit the award in the general fund of the Treasury.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding “the legislature may not abolish the office” of the district attorney but “it can control the officer” by “regulat[ing] the performance of his duties” and “punish[ing] him for misconduct”
- losing district attorney candidate files affidavit and petition under § 1409 alleging that winning district attorney and others engaged in election fraud and that winning district attorney improperly refused to indict offenders
- losing district attorney candidate files affidavit and petition under § 1409 alleging that winning district attorney and others engaged in election fraud and that winning district attorney improperly refused to indict offenders
- “[The General Assembly] can regulate the performance of [the district attorney’s] duties . . . .”
- “While the legislature may not abolish the office [of district attorney], it can control the officer. [The legislature] can regulate the performance of his duties,[17] and punish him for misconduct, as in the case of other officers.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.