ARCAMBEL VERSUS WISEMAN
ARCAMBEL VERSUS WISEMAN
3 Dall. 306
Supreme Court of the United States (1796)
Negative Treatment
Also reported at: 1 L. Ed. 613 · SCDB 1796-013 · 1796 U.S. LEXIS 405
Cited by 59 cases
Opinion of the Court
By the Court
:—We do not think that this charge ought to be allowed. The general pra£lice of the United States is in opofttion to it; and even if that pratftice. were not ftridtly correct in principle, it is entitled to the refpeét of the court, till it is changed, or modified, by ftatute. ;
There are feveral ways in which the-charge may be expunged: l?ut we recommend, as, perhaps, the eafieft way; that the counfel for the Defendant in error, ihould enter a remitti . tur for the amount. .
A remittitur was accordingly entered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (32 total)
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R.J. Reynolds Tobacco & Liggett Grp. LLC v. Erskin Donal Ward, 141 So. 3d 236 (Fla. 1st DCA 2014)
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Hutto v. Finney, 437 U.S. 678 (U.S. 1978)…s an element of “costs.” Counsel fees traditionally have not been part of the routine litigation expenses assessed against parties in American courts. Cf. Alyeska Pipeline Service Co. v. Wilderness Society, 421 U. S. 240 (1975); Arcambel v. Wiseman, 3 Dall. 306 (1796). Quite unlike those routine expenses, an award of counsel fees may involve substantial sums and is not a charge intimately related to the mechanics of the litigation. I therefore cannot accept the Court’s assumption that counsel-fee awards…
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Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714 (U.S. 1967)….movement in that direction. The rule here has long been that attorney’s fees are not ordinarily recoverable in the absence of a statute or enforceable contract providing therefor. This Court first announced that rule in Arcambel v. Wiseman, [*718] 3 Dall. 306 (1796), and adhered to it in later decisions. See, e. g., Hauenstein v. Lynham, 100 U. S. 483 (1880); Stewart v. Sonneborn, 98 U. S. 187 (1879); Oelrichs v. Spain, 15 Wall. 211 (1872); Day v. Woodworth, 13 How. 363 (1852). In support of the Americ…
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