Jennings v. Burton
District Court, S.D. New York
Action by Curtis M. Jennings and another against James H. Burton. On appeal from the clerk on taxation of costs.
1Opinion of the Court
LACOMBE, Circuit Judge.
In this case plaintiffs recovered a judgment on the first trial. A writ of error was sued out by defendant, and the Court of Appeals reversed the judgment for error on the trial, with costs of such appeal to plaintiff in error. The costs were subsequently taxed, and judgment absolute was entered for the amount in this court; the court declining to modify the mandate by directing that they should abide the event. They were thereupon paid. , On a second trial, plaintiff prevailed, and is now about to enter judgment. He asks to be allowed to tax as a “disbursement,” to be…
2Cited by6 opinions
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1937
- Broffe v. HortonCourt of Appeals for the Second Circuit · 1949
- Maryland Casualty Co. v. JacobsonDistrict Court, W.D. Missouri · 1965
- Miller v. C. C. Hartwell Co.Court of Appeals for the Fifth Circuit · 1921
- Bailey v. Mississippi Home Telephone Co.District Court, M.D. Pennsylvania · 1918
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