Legal Opinion

Mohrstadt v. Mutual Life Ins. Co. of New York

U.S. Circuit Court for the District of Eastern Missouri

Decided April 19, 1901No. 4,230PublishedCited by 3 opinions

.Action by E. O. Mohrstadt, administrator of the estate of Thomas A. Thompson,. deceased, against the Mutual Life Insurance Company. Motion by plaintiff to retax costs. Motion denied.

1Opinion of the Court

ADAMS, District Judge.

This is a motion to retax the costs for preparing a return to the order contained in the writ of error issued to this court, directing it “to send the record and proceedings aforesaid, with all things concerning the same,” to the circuit court of appeals for the Eighth circuit. The clerk taxed the costs on the basis of 15 cents per folio of the matter contained in the return. The plaintiff insists that the clerk is entitled to only 10 cents per folio. Section 828, Rev. St., provides that the clerk shall be entitled to fees “for entering any return, rule, order,…

2Cases cited2 opinions

  1. McIlwaine v. EllingtonU.S. Circuit Court for the District of Western North Carolina · 1900
  2. Blain v. Home Ins. Co.U.S. Circuit Court for the Southern District of Georgia · 1887

3Cited by3 opinions

  1. United States v. OliphantCourt of Appeals for the Third Circuit · 1916
  2. Sarfert Co. v. ChipmanDistrict Court, E.D. Pennsylvania · 1913
  3. In re Visking Corp.Court of Appeals for the Fourth Circuit · 1943

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