EX PARTE HUGHES
Mr. Chief Justice "Waite delivered the opinion of the court. It has never been the practice of this court, in cases brought before it under its appellate jurisdiction, to tax as costs disbursements by counsel or parties for printing briefs. We see no reason’for adopting a different rule in cases within our original jurisdiction.
A proceeding in this court, under its original jurisdiction, against a judge of an inferior court of the United States to obtain a writ of mandamus requiring him to proceed in a cause pending in court before him, is a civil cause, and a docket fee is, therefore, taxable in favor of the attorney of the prevailing party as part of the costs. The objections to the filing of the reply were in the nature of pleadings in the cause. The disbursements for printing such objections are, therefore, taxable as costs of printing the record.
The motion, so far as it relates to the printing of briefs, is denied, but in dll other respects grcmted.
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Warder v. Brady, 115 F.2d 89 (4th Cir. 1940)…appointed under a creditors’ bill cannot gain possession of the fund and use it for the benefit of the creditors as a whole. Truby v. M. & T. Trust Co., 141 Misc. 507, 510, 253 N.Y.S. 108; Tennessee Bond Cases, 114 U.S. 663, 698, 5 S.Ct. 974, 1098, 29 L.Ed. 281; Babcock P. P. Mfg. Co. v. Ranous, 164 N.Y. 440, 58 N.E. 529; First Union Trust & Savings Bank v. Bernardin, 8 Cir., 60 F. 2d 419. Applying the principle of these decisions, we conclude that the ownership of the fund was finally adjudicated by a cou…
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Nat'l Sur. Co. v. Lyons, 16 F.2d 688 (8th Cir. 1926)…mined according to the law of the place. 2 Williston on Contracts, § 516; Ogden v. Saunders, 12 Wheat. 213, 6 L. Ed. 606; Railroad Companies v. Schutte, 103 U. S. 118, 140, 26 L. Ed. 327; Tennessee Bond Cases, 114 U. S. 663, 688, 5 S. Ct. 974, 1089, 29 L. Ed. 281. In Re State Treasurer’s Settlement, 51 Neb. 116, 70 N. W. 532, 36 L. R. A. 746, the controversy was between the outgoing and incoming State treasurers. The former had made deposits in some of the depository banks in excess of the statutory limitat…
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First Union Tr. & Sav. Bank v. Bernardin, 60 F.2d 419 (8th Cir. 1932)…und for the benefit of the bonds. The very purpose of a sinking fund is to create a reservoir from which moneys may be drawn for paying a funded debt. As said by the Supreme Court in Tennessee Bond Cases, 114 U. S. 663, 698, 5 S. Ct. 974, 992, 1098, 29 L. Ed. 281, “A sinking fund may be, and generally is, intended as a cumulative security for the payment of the debt with which it is connected.” It is not eontended by counsel for appel-lee that the funds in question were not part of the trust that was create…
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