Legal Opinion

Barron v. The Mount Eden

District Court, N.D. California

Decided March 15, 1898No. 11,418PublishedCited by 1 opinion

This was a libel in rem by James G. Barron and others against the steamer Mount Eden. The cause was heard on a motion to relax costs.

1Opinion of the Court

DE HAVEN, District Judge.

Section 824 of the United States Bevised Statutes provides that upon a final hearing in admiralty, where the libelant recovers $50 or more, a docket fee of $20 may he allowed to his proctor; and, if less than $50 is recovered, then the docket fee of the proctor shall he only $10. The docket fee thus allowed is the individual property of the proctor, not that of the libel-ant (Aiken v. Smith, 6 C. C. A. 414, 57 Fed. 423); and where a proctor, upon such final hearing, represents more than one libelant, although such libelants may have, filed independent libels in the…

2Cases cited2 opinions

  1. Coy v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1882
  2. Aiken v. SmithCourt of Appeals for the Fifth Circuit · 1893

3Cited by1 opinion

  1. Black Diamond Coal-Min. Co. v. The H. C. GradyDistrict Court, N.D. California · 1898

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